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
