The Supreme Court

1. The Supreme Court Section 2 Chapter 11

2. Focus Questions • How has the role of the Supreme Court changed over time? • How are Supreme Court justices appointed, and what are their terms in office? • How does the Supreme Court operate?

3. The original design of Washington, D.C. (1791) did not include a building for the Supreme Court • A later version did have a small building to be placed in the marshland • That idea was not followed through because of the high cost to drain the marshland and the court’s small size and caseload • The Court did not get a building until 1935

4. Development of the Supreme Court • The Supreme Court originally was the weakest of the three branches of government • Today it has grown into one of the most powerful in some respects

5. Development of the Supreme Court The Early Years • The Judiciary Act of 1789 established the three levels of the federal court system (District Courts, Courts of Appeals, and Supreme Court) • John Jay was the first Chief Justice of the Supreme Court • Jay’s job was a part time job • Jay was later elected as governor of New York and stepped down from the job • He later was approached to take the job again and declined

6. Development of the Supreme Court The Marshall Court • The role of the Court changed with John Marshall’s appointment as chief justice in 1801 • Many landmark decisions were handed down during his time (Marbury v. Madison) • Marshall made the Supreme Court a significant force in government • The Court influenced how Congress and the president may pursue specific public policies

7. The Justices • Justices do NOT need to be a certain age or professional requirement • The number of justices is set by Congress • The current number of nine was set in 1869 • The chief justice is nation’s highest judicial officer • Justices serve for life but can be impeached by Congress • Most justices died in office during the 1800s but now most retire

8. The Justices Terms • The Supreme Court’s term begins on the first Monday in October • Justices usually hear cases until the last week in June

9. The Justices Court Appointments • Supreme Court appointments are made by the President with the approval of Senate • All but four presidents have made appointments to the Supreme Court • The appointments are some of the most important decisions a president makes • Senate has rejected 28 of the 148 Supreme Court nominees • The number of rejections has reduced dramatically in the last century • Some of the hearings have been very intense and very bruising like Clarence Thomas’s in 1991

10. The Supreme Court at Work • When a case is selected it goes through five stages: briefs, oral argument, conference, preparation of opinions, and announcement of decisions • 12 percent of the cases come from state courts • The Supreme Court does original jurisdiction in cases that involve: • Diplomatic representatives • Disputes among states • Disputes between states and the federal government

11. The Supreme Court at Work Choosing Cases • The Supreme Court does not take the initiative in finding cases • The Supreme Court can only wait for “cases and controversies” to be appealed to them by others • Thousands of cases a year are appealed to the Supreme Court and they choose cases and they can refuse to hear cases also

12. The Supreme Court at Work Who May Appeal • Anyone may appeal a high state court case to the Supreme Court if a violation of the Constitution has occurred • Most who appeal to the Supreme Court do so by requesting a writ of certiorari– the Supreme Court “grants cert” if it agrees (four of the nine need to agree to grant) • The Case is then set on the docket (or schedule) • Most participants in a case are represented by a lawyer who is a member of the Supreme Court bar • To be a member of the bar a person must be a member of the state bar for at least three years and must be known to be of good moral and professional character

13. The Supreme Court at Work Filing Briefs • The lawyer from each party generally files a written brief • Groups generally affected but not one of the parties involved may be granted the Court’s permission to file amicus curiae briefs– “friend of the court” that states the groups concerns and arguments in the case • Example was the brief filed on the psychological affects on African Americans during the Brown v. Board of Education Topeka, KS

14. The Supreme Court at Work Oral Arguments • The oral arguments are the most dramatic stage of the case • Today oral arguments must be made in 30 minutes or less 9red light comes on) • Justices interrupt to ask questions all the time • People are allowed to come to see on a first come, first serve basis

15. The Supreme Court at Work Conference • Justices meet twice a week to review Petitions for new cases, debate current cases, and conduct other Court business • Chief Justice starts the discussion and then in order of seniority they discuss the case • Bigger cases get more time and attention

16. The Supreme Court at Work Preparing Opinions • The Chief Justice decides who writes the court’s opinion when they are a part of the majority • Choosing the justice to write the case can be very important to maintaining the validity of the case (moderate opinions might be better in some instances) • The justices can endorse or refuse to endorse the opinion

17. The Supreme Court at Work Preparing Opinions • There are three main kinds of opinions the Court may issue: • Majority opinion– reflects the views of the majority of the Court (both on the outcome and the grounds of deciding) • Concurring Opinion– agrees with the majority outcome but disagrees with the grounds of the majority opinion • Dissenting Opinion– disagrees with the one reached by the majority and explains the grounds for the dissent (more addressed to the Supreme Court of the future and not the present court)– Three-quarters of overturned cases point to dissenting opinions of the past • Stare decisis (“Let the Decision stand") is the idea of upholding precedents set by earlier court

18. The Supreme Court at Work Justices’ Staffs • Writing and rewriting opinions is time-consuming • Justices have a personal staff of clerks (four law clerks, two secretaries, and one messenger) • Horace Grey became the first hire law clerks in 1882 • Clerks generally read the cases that are appealed and make recommendations about which ones the court should hear

19. The Supreme Court at Work Announcing Decisions • Justices used to read lengthy parts of their decisions in public but this practice does not continue • Decisions are now released earlier in the day to meet media coverage deadlines but the Supreme Court does not hold press conferences to explain its ruling or to answer questions about them

20. Focus Questions • How has the role of the Supreme Court changed over time? • How are Supreme Court justices appointed, and what are their terms in office? • How does the Supreme Court operate?