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FrontPage : NNIGN. Homework : OL 331-333 due tomorrow. Supreme Court Ideology. The decision in DC vs. Heller.
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FrontPage: NNIGN Homework: OL 331-333 due tomorrow
The decision in DC vs. Heller • NO. In a 5-4 decision, the Court held that the Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that firearm for traditionally lawful purposes, such as self- defense within the home. • Justices John Paul Stevens and Stephen Breyer filed dissenting opinions. Justice Stevens argued that the Second Amendment only protects the rights of individuals to bear arms as part of a well-regulated state militia, not for other purposes even if they are lawful.
On the Supreme Court… • Interviews with Supreme Court Justices • http://www.youtube.com/watch?v=wUfl9-cwJt4 • Scalia on Judges • http://www.youtube.com/watch?v=Tme4DEwGL3U&feature=relmfu
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 • Alito Interviews for the Job • http://www.youtube.com/watch?v=rJyPUaVmX8Q
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
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
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