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Ch. 12 -Supreme Court Decision Making

Ch. 12 -Supreme Court Decision Making. Sec. 1--The Supreme Court at Work. Term = Begins first Monday in October Procedures Court sits two straight weeks each month Listens to lawyers on Monday-Wed. Wed/Fri. they met in private to decide cases Next two weeks is paper work.

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Ch. 12 -Supreme Court Decision Making

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  1. Ch. 12 -Supreme Court Decision Making

  2. Sec. 1--The Supreme Court at Work Term = Begins first Monday in October • Procedures Court sits two straight weeks each month • Listens to lawyers on Monday-Wed. • Wed/Fri. they met in private to decide cases • Next two weeks is paper work. • Work on Opinions-written statements on cases previously heard. • How Cases Reach Court • Discuss on Friday the cases if “4 agree” (rule of four) the case will move on. 1. Usually appeal from lower court a writ of certiorari- order from the Court to a lower court to send up records on a case for review. 2. On appeal- usually dismissed (lower court ruling stands) 3. Case involving federal gov’t -----They can decide then and rule with a per curiam opinion- brief, unsigned statement of Court’s decision

  3. Sec. 1--The Supreme Court at Work • Steps in Deciding Major Cases • Submit a brief (written statement setting forth the legal arguments, relevant facts) • Oral Argument- 30 min. (lights to let know time remaining) • The Conference- shake hands then discuss case for 30 min. Must have majority vote (min. of 6 must be there, in tie; lower court decision is upheld) • Then opinion is written 4 types—unanimous, majority, concurring, dissenting

  4. Sec. 2- Shaping Public Policy • Tools for Shaping Policy --Shapes policy 3 ways a. Using judicial review-power to examine laws and actions. b. Interpreting meaning of laws-Disability Act of 1990 and PGA golfer. c. Overruling or reversing previous decisions

  5. Sec. 2- Shaping Public Policy • Limits on Supreme Court a. Limits on types of issues- don’t give equal attention to all national issues. b. Limit on types of cases- only hear cases that there is harm not just objection, must affect many people. Usually stay out of political issues. c. Lack of enforcement power- issues like integration and school prayer for example d. Systems of Checks and Balances

  6. Sec. 3- Influencing Court Decisions • Five forces shape the decision the Court Makes 1. Existing Law case 2. the personal view of justices • Blocs (coalition of justices) • Swing vote (inconsistent view, neither conservative/liberal) 3. justices interactions with one another • Good relations usually enable them to work out difference 4. social forces and public attitude • Two major decisions on racial segregation show that. 5. Congress and President • President’s appoint justices (how do they enforce decisions) • Pass laws to limit remedies of Courts, propose amendments

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