THE SUPREME COURTLesson 2:

Supreme Court

The Supreme Court is described as the court of last resort• It is the highest court• It has the final say

How is the SC organized?

• 9 Justices– 1 Chief Justice

• John Roberts• Runs the court

– 8 Associate Justices

• Appointed by the president– Approved by the Senate (2/3 vote)

• Term: Serve for life

The Roberts Court, 2010Top row (left to right):Sonia Sotomayor, Stephen G. Breyer, Samuel A. Alito, and Elena Kagan. Bottom row (left to right):

Clarence Thomas, Antonin Scalia, Chief Justice John G. Roberts, Anthony Kennedy, and Ruth Bader Ginsburg

How the Court Operates

• The court “sits” from October to June/July

• Alternates between hearing and deciding cases– 2 weeks hearing cases– 2 weeks deciding cases

Jurisdiction of Supreme Court

• Appellate Jurisdiction–Most cases come to SC on appeals from

the Federal Appeals Court or state supreme courts

• Original Jurisdiction (1-2 cases per year)– Cases involving disputes between states– Cases brought against ambassadors

How does the SC Choose Its Cases?

• The party that lost the case at the appeals level will petition (ask) the SC to take its case

• Supreme Court issues a writ of certiorari– “to make certain”– Legal document ordering the lower court

to send up the court record for review

How does the SC Choose Its Cases?

• The Rule of Four– For a writ of certiorari to be granted, 4

of the 9 Justices must agree to hear a case

– Each year, 10,000 cases are petitioned to the SC– SC issues writs of cert for 100 or so.

After deciding to hear a case, briefs are prepared

• Legal Brief– A written document

that supports one side of a case

– Includes relative facts about the case and references to previous cases

– Why you should win

• Justices read briefs to prepare for the case

Oral Arguments

• In oral arguments, attorneys from both sides appear before the court

• Each lawyer has 30 minutes to present the case and answer questions from Justices

• Session is open to the public

Conference

• After oral arguments, Justices meet in conference– Closed session to

discuss and decide the case

– Takes a majority (5 of 9) to win a case

– If there is a tie, lower court decision stands

No cameras or video in court

Decisions

• Majority Opinion– Announces the

court’s decision and explains the reasoning behind the decision

– If the Chief Justice sides with the majority, he writes the decision• Otherwise, it is

written by the most senior member

Different Opinions

• Dissenting Opinion– Written by the justice that disagrees with

the majority opinion– Explains why he/she disagrees

• Concurring Opinion– Written by the justice who agrees with the

majority opinion but for difference reasons– Adds or stresses a new point not in the

majority opinion

Precedent

What is precedent and why is it important?• Supreme Court

decision that serves as a basis for deciding future cases in the same way

Why is the Supreme Court So Powerful?

Due to the power of judicial review• Allows the Supreme Court to declare

laws and actions unconstitutional• Established by Marbury v Madison

(1803)

The Players

John Adams: Out-going president

Thomas Jefferson: In-coming president

James Madison: TJ’s Secretary of State

William Marbury: Appointed Justice of the Peace by Adams

John Marshall: Chief Justice of the SC