Understanding the Federal Judiciary: Structure, Selection, and Decision-Making

2. 13 The JudiciaryThe Balancing Branch

3. 13 Learning Objectives Determine characteristics of the federal judiciary and implications of the adversarial process 13.1 Outline the structure of the federal court system 13.2

4. 13 Learning Objectives Analyze the factors that play an important role in selecting judicial nominees 13.3 Trace the process by which Supreme Court decisions are reached, and assess influences on this process 13.4

5. 13 Learning Objectives Assess the limits on judicial action and the role of the judiciary in a constitutional democracy 13.5

6. Understanding the FederalJudiciary 13.1 • Characteristics of the Federal Judiciary • Prosecuting Cases

7. Characteristics of the Federal Judiciary Civil and criminal law Judicial review Criminal law distinctions: Possibility of imprisonment Right to an attorney Right for case to be heard by a jury Cases and controversies Justiciable disputes 13.1

8. 13.1 Affordable Care Act

9. Prosecuting Cases Department of Justice Attorney General Solicitor General U.S. Attorneys Assistant U.S. Attorneys Public defender system 13.1

10. 13.1 13.1Which of the following applies to criminal, not civil, cases? • Right to an attorney • Incarceration if found guilty • Trial by jury • All of the above

11. 13.1 13.1Which of the following applies to criminal, not civil, cases? • Right to an attorney • Incarceration if found guilty • Trial by jury • All of the above

12. Three Types of Federal Courts 13.2 • Level One: District Courts • Level Two: Circuit Courts of Appeals • Level Three: The Supreme Court • Judicial Federalism: State and Federal Courts

13. 13.2 Level One: District Courts • Most judicial work is done in district courts • At least one court in each state • 94 total • Individual judges try each case • *Except in cases of re-districting • Three-judge panels

14. Level Two: Circuit Courts of Appeals 13.2 • Appellate Court • Hears appeals from district courts • Judges are bound by precedent • Normally use three-judge panels • Circuits • 11 appellate courts located throughout U.S. • Largest court (the 12th) is in Washington, D.C.

15. Cigarette warning labels 13.2

16. Level Three: The Supreme Court All judicial power in U.S. is vested in the U.S. Supreme Court Final court of appeals Size has increased over time Proceedings not televised 13.2

17. 13.2 FIGURE 13.1: States covered by the 11 U.S. Circuit of Appeals

18. Judicial Federalism: State and Federal Courts State judicial systems Operate under state constitutions Trial courts Appellate courts Federal vs. state courts Feds involved only when federal laws are raised or civil liberties may have been violated habeas corpus jurisdiction 13.2

19. 13.2 13.2Which of the following has the largest caseload? • U.S. Supreme Court • Federal appeals courts • U.S. district courts • State courts

20. 13.2 13.2Which of the following has the largest caseload? • U.S. Supreme Court • Federal appeals courts • U.S. district courts • State courts

21. The Politics of AppointingFederal Judges 13.3 • Making the Initial Choices • Senate Advice and Consent • The Role of Ideology • The Role of Judicial Philosophy

22. Making the Initial Choices Consultations between president and Congress Senatorial courtesy White House staff and Justice Department Assist in identifying judicial nominees Non-governmental influences Legal-based interest groups 13.3

23. 13.3 TABLE 13.1: Moving up to the Supreme Court

24. 13.3 Supreme Court

25. Senate Advice and Consent Consent is a major check on the power of other branches of government Party politics and the nomination process Senate Judiciary Committee Hearings Filibusters Recess appointments 13.3

26. The Role of Ideology Presidents tend to nominate those from the same party Since FDR, only 10% of nominations are from the opposition party Some bipartisanship is necessary for confirmation Centrism and moderates Conservative or liberal Court? 13.3

27. The Role of Judicial Philosophy Judicial activism Judicial restraint Competing conceptions Government vs. individual rights Legislature vs. judiciary 13.3

28. 13.3 13.3Which of the following can indefinitely stall a Senate confirmation hearing? • Cloture motion • Floor demonstration • Quorum call • Filibuster

29. 13.3 13.3Which of the following can indefinitely stall a Senate confirmation hearing? • Cloture motion • Floor demonstration • Quorum call • Filibuster

30. How the Supreme Court Decides 13.4 • The Eight Steps to Judgment • Influences on Supreme Court Decisions

31. The Eight Steps to Judgment 13.4 • Reviewing appeals • Granting the appeal • Briefing the case • Holding the oral argument

32. The Eight Steps to Judgment 13.4 • Meeting in conference • Explaining the decision • Writing the opinion • Releasing the opinion

33. 13.4 FIGURE 13.2: How most cases rise to the Supreme Court

34. 13.4 FIGURE 13.3: The Supreme Court caseload

35. 13.4 Artist’s rendering

36. Influences on Supreme Court Decisions Chief Justice Assigns opinions Sets the Court’s tone Law clerks Screen writs and petitions Assist in developing opinions Solicitor General Citizens and interested parties 13.4

37. 13.4 Chief Justice Rehnquist

38. After the Court Decides Remanding the case to a lower court Offers instruction on how to act on Court decision Often gives lower courts latitude of interpretation Public reaction 13.4

39. 13.4 Solicitor General

40. 13.4 13.4Which of the following represents support for the Court’s decision, but for different legal reasons? • Plurality opinion • Dissenting opinion • Majority opinion • Concurring opinion

41. 13.4 13.4Which of the following represents support for the Court’s decision, but for different legal reasons? • Plurality opinion • Dissenting opinion • Majority opinion • Concurring opinion

42. Judicial Power and Its Limits 13.5 • Adherence to Precedent • Congressional and Presidential Action • Judicial Power in a Constitutional Democracy

43. Adherence to Precedent Stare Decisis Judges are expected to abide by previous decisions Supreme Court reversals Supreme Court is not subject to precedent Reversals often signal change in public policy 13.5

44. Congressional and Presidential Action “Packing” the Court A majority government will try to fill vacancies with political allies Franklin Roosevelt’s attempt to increase number of Supreme Court Justices Changing the Jurisdiction Congress has control of structure and jurisdiction of lower federal courts 13.5

45. Judicial Power in a Constitutional Democracy 13.5 • Judicial independence is essential in democracy • From legislative and executive branches • From public • Litigation as policy-making

46. 13.5 13.5Which president attempted to increase the number of Supreme Court Justices? • Abraham Lincoln • William H. Taft • Woodrow Wilson • Franklin D. Roosevelt

47. 13.5 13.5Which president attempted to increase the number of Supreme Court Justices? • Abraham Lincoln • William H. Taft • Woodrow Wilson • Franklin D. Roosevelt

48. Discussion Question How have judicial decisions affected your everyday life? Does the Supreme Court have enough political power? Too much? Should the courts be used to change public policy? Why or why not? 13