Section 3: Getting to the Supreme Court

The Supreme Court does not have to hear any appeal that it does not want to hear

STEP 1: If four justices agree to hear the case a writ is issued and the case is scheduled for hearing...

Called the Rule of 4

Writ of Certiorari

an order by a higher court directing a lower court to send up a case for review

Often a writ is granted when

two or more federal circuit courts of appeal have have decided on the same issue in different ways

The highest court in the state has held a federal law or a state law to be in violation of the Constitution or has upheld a state law against the claim that it violates the Constitution

Court workload and Acceptance:

Court rejects over 96% of applicants for certiorari

Step 2: MONEY!!!

To apply for cert it costs $300 plus 40 copies of petition

lawyers fees

copies for lower court records

can be very time consuming, time=money

In forma pauperis -

A method whereby a poor person can have his or her case heard in federal court without charge.

Interest groups can also pay for lawyers fees...think ACLU or NAACP

Step 3: You must have STANDING

a legal rule stating who is authorized to start a lawsuit

has to be an actual controversy between real adversaries

Must show that you have been harmed by the law or practice about which you are complaining

Merely being a taxpayer does not ordinarily entitle you to challenge the Constitutionality of a federal or government action

Sovereign Immunity

A citizen cannot sue the government without the government’s consent

Can sue an individual if they act contrary to law

Class Action Suits

a citizen can benefit directly from a court’s decision even if he did not go to court

Brought by someone to help him or her and all others who are similarly situated.

Ex. Brown v Board -- all schools, not just Linda Brown’s

In session 36 weeks out of the year, from early October until end of June

Lawyers from each submit a brief - a document that sets forth the facts of the case,

summarizes the lower court’s decision,

The Supreme Court in Action

gives the arguments for the side represented by the lawyer who wrote the brief

discusses the other cases that the Court has decided that bear on the issue

if the US is a party then the Solicitor General represents her

They present their oral arguments to the court, summarize brief points and are limited to a 1/2 hour

give justices a chance to question lawyers, sometimes searchingly

Amicus Curiae

A brief submitted from an interested party not directly involved in the suit

means “friend of the court”

Fridays are debate days - in the conference room - VERY SECRET

Chief Justice speaks first, followed by the others in order of seniority

After the arguments they vote, traditionally in reverse order

A majority of the justices must be in agreement to decide a case, if there is a tie then the lower court’s decision is left standing

Opinion of the Court

Explaining the decision can be brief and unsigned (per curium) or long and signed

If Chief Justice is in the majority he will write or assign someone

If Chief Justice is in the minority then the senior justice in the majority will figure out who will write it

Opinion’s Issued

Concurring Opinion

A signed opinion in which one or more members agrees with the majority but for a different reason

Dissenting Opinion

A signed opinion where one or more members disagree with the majority opinion and the decision

Each justice has 3 or 4 law clerks that help him/her to review, study or write decisions

2/5 decisions made are unanimous

Important to look at reasons behind the opinion, not the decision itself