Supreme Court

1. Supreme Court

2. Role of the Supreme Court • Decides if laws violate the Constitution

3. Role of the Supreme Court • Judges cases of national significance

4. Role of the Supreme Court • Administer the oath of office of President of the United States (Pres. Obama sworn in by John Roberts)

5. Role of the Supreme Court Attend the State of the Union Address

6. Qualifications • Article III of the Constitution has only one qualification • What is it?

7. Qualifications Answer: Any person who does not have a criminal record

8. Details Most Supreme Court justices have considerable experience as judges in lower courts. They are nominated by the President, and then are approved by the Senate. Supreme Court Justices have tenure and can only be impeached by a majority of both houses of Congress

9. Members of the U.S. Supreme Court • Front row (L-R): Associate Justice Anthony M. Kennedy, Associate Justice John Paul Stevens, Chief Justice John G. Roberts, Associate Justice Antonin Scalia, and Associate Justice Clarence Thomas. Back Row (L-R), Associate Justice Samuel Alito Jr., Associate Justice Ruth Bader Ginsburg, Associate Justice Stephen Breyer, and Associate Justice Sonia Sotomayor. • ( September 28, 2009 - Photo by Mark Wilson/Getty Images North America)

10. http://www.supremecourtus.gov/

11. The Court and Politics… • The Supreme Court is supposed to be impartial, however, politics can have an effect on the decisions made by the court. • HOW?

12. Conservative versus Liberal Judges • Just as individuals have political biases, so do judges. In an ideal world they would not, but it is a fact of life that they do. • Judges can be either Conservative or Liberal. In your groups discuss what this might mean in terms of the way judges adjudicate Constitutional issues… For instance, how might a conservative judge adjudicate gay marriage rights, or abortion? What about a liberal?

13. Politics in the Court Conservative Liberal • Tend to favor status quo over change. • Usually rule in favor of establishment/institutions over individuals. • Often make judgments that change existing laws or practices. • Often favor the individual over the establishment.

14. Politics in the Court Conservative Liberal • Tend to favor status quo over change. • Usually rule in favor of establishment/institutions over individuals. • Often make judgments that change existing laws or practices. • Often favor the individual over the establishment.

15. Moderates • Moderate judges tend to stay to the political center. This means that their judgments are difficult to predict.

16. Political Bias in today's Court Conservative Liberal • Kennedy: the swing vote; considered a conservative; sometimes votes with the liberal faction • Alito: consistently conservative • Roberts: consistently conservative • Scalia: extremely conservative • Thomas: extremely conservative • Ginsberg: very liberal, consistently votes against the conservatives • Breyer: consistently liberal • Sotomayor: consistently votes with the progressive bloc • Kagan: expected centrist-progressive, no record of jurisprudence (newest member of court)

17. Why the President is important… • President chooses new Justices for Supreme Court. President will choose a judge who shares his political ideology… This will affect the how judgments are made and therefore the social climate of the country. The importance of this fact is often overlooked by voters, but is highly important! • Pres. Obama introduces Elena Kagan.

18. Your turn! • You will use the Justice fact sheet to find out about each if the nine judges on the SC. • Due Monday!

19. How do you bring a case to SC • You must have a Constitutional issue . • It must be significant. • You must have correct standing (connection to the issue). You cannot bring suit for someone else! • You must have gone through the appeals process in lower courts.

20. STANDING • Injury: The plaintiff must have suffered or imminently will suffer. This injury could be economic as well as non-economic. • Causation: There must be a causal connection between the injury and the conduct complained of. • Redressability: It must be likely, as opposed to merely speculative, that a favorable court decision will redress the injury.

21. CASE STUDIES… • Now you know about the Supreme Court, we will examine some historical cases. • First up… Roe v. Wade (1973). This will be the subject of your next journal, and a debate.