Homework : OL 331-333 Tuesday

1. FrontPage: Would you support changing the life term of federal/Supreme Court justices? Why/why not? Homework: OL 331-333 Tuesday

2. The Supreme Court Chapter 11, Section 3

3. About the Court • How many members? • Jurisdiction…? • Most cases come from…?

4. FrontPage: NNIGN This insane looking cabinet (titled Good Vibrations) was hand-carved by FerruccioLaviani and will reportedly be shown at the Salone Del Mobile expo in Milan in April. If you ever want furniture that convinces your brain it's a glitched-out cassette tape, here's your chance. You're probably wondering what this thing looks like from the side. Unfortunately the FratelliBoffi design house hasn't released more images, but the foot of the cabinet sort of gives you a sense of what its flanks would look like: Homework: OL 331-333 Tuesday

5. Supreme Court Ideology

6. The decision in the ACA case • YES. Chief Justice Roberts, joined by Justices Ginsburg, Breyer, Sotomayor, and Kagan, concluded that the Individual Mandate penalty is a tax for the purposes of the Constitution's Taxing and Spending Clause and is a valid exercise of Congressional authority. • The payment is not so severe as to be coercive, is not limited to willful violations like fines for unlawful acts, and is collected by the Internal Revenue Service by normal means. • Chief Justice Roberts, with Justices Scalia, Kennedy, Thomas, and Alito, concluded that the Individual Mandate was not a valid exercise of Congress' power to regulate commerce. • The Commerce Clause allows Congress to regulate existing commercial activity, but not to compel individuals to participate in commerce. This would open a new realm of Congressional authority. Decision: 5 votes for the requirement, and 4 vote(s) against

7. On the Supreme Court… • Interviews with Supreme Court Justices • http://www.youtube.com/watch?v=wUfl9-cwJt4 • Alito on “the call” • http://www.youtube.com/watch?v=Tme4DEwGL3U&feature=relmfu • Sotomayor on “the call”

8. The Nomination & Confirmation Process • What are the steps in the nomination/confirmation process for the Supreme Court? • “Short list”/Interviews? • The official nomination • Who contributes their “two cents”? • Senate questionnaire • Senate Judiciary hearing • Senate vote to confirm • Kagan’s Confirmation Hearing – Day 2 • http://www.youtube.com/watch?v=5tCOlKIYqHs&feature=channel

9. FrontPage: Where do most Supreme Court cases come from? "Do you ever have one of those days when everything seems unconstitutional?" Homework: OL 333 – 335 due Friday

10. To Cert or not to cert… • The Supreme Court receives thousands of petitions to hear cases every year. • Of those thousands, only about 80-100 are actually heard each year • If a party loses its case at the circuit level, it may choose to petition the Supreme Court to review the decision: • It is asking for a writ of certiorari; • The justices will get together in conference and discuss the petitions that the Chief Justice has placed on the discuss list • Other justices may also put petitions on this list if they believe they are in need of discussion • Most cases are received by the issuance of a writ of certiorari; known as a “cert” • The court asks the lower court to send the record of the case to the SC so that it can make a decision

11. Once a case is selected… • 3 options: • The court may decide to issue a per curiam opinion, if it knows how it will rule in the case – issues an unsigned general decision in the case • It may decide to hear the case – will put it on the docket • Vacate and Remand – send the case back down to the lower court to be retried in light of new circumstances • The Petitioner – the person who writes the petition for the writ of certiorari • The Respondent – this is the person who won the case in the lower court • The SC justices do not have time to review all of these petitions; their clerks will read them, and make suggestions about which are the most important • **What would be some good reasons for the acceptance of a case by the Supreme Court