Supreme Court

American Government

The Court

The Supreme Court is the ultimate court of the land

There are 9 judges that make up the Supreme Court These Justices then hold their positions for life

Justices hold their positions for as long as they do so that they can avoid being entangled in political games, therefore allowing them to focus on the Constitutionality of laws

Appointment of Justices

Justices are appointed to the Supreme Court by the president

These appointments require Senate approval. (Judiciary Committee) The president receives help from the Attorney General and other Justice Department officials

when determining who to select to the court

The A.G. usually consults with the legal community and proposes a list of possible candidates for the president to consider

Accepting cases

Approximately 8,000 cases are submitted annually for the Supreme Court to review 99% of these cases are rejected by the court

If four justices agree to hear the case, the case can then be scheduled for oral arguments A writ of certiorai is then issued to the lower courts

The solicitor general can have an impact on what the cases the Supreme Court hears The solicitor general is in charge of deciding:

Whether to appeal cases the government has lost

Review and modifies the briefs presented in government appeals

Represents the government before the Supreme Court

Submits amicus curiae briefs on behalf of a litigant in a case the government has an interest in

Case Procedures

First, the court will accept the cases that it is going to hear The lawyers will then submit briefs which are relevant facts, and precedents supporting their

side of the case.

Amicus Curiae (friend of the court) will also be submitted by those who have an interest in the case

Amicus Curiae are subtle ways of interest groups lobbying the court

The court then hears oral arguments Lawyers from each side are given 30 minutes to summarize their key points

Justices will interrupt the oral arguments to ask questions and challenge certain points being made by counsel

Case Procedures

On Fridays the Justices meet in conference to discuss the cases Justices meet for 6-8 hours in private meetings and debate the cases

No minutes are kept.

The Chief Justice will summarize the case and offer recommendations for handling the case

Each case only gets about 30 minutes of discussion

After debate, each Justice will vote on the case and they vote in the order of seniority

A majority must be held in order to pass judgment on a case

The Justices then write their opinion on the case The opinion states the facts of the case, announces the court’s ruling and explains its

reasoning in reaching the decision

Types of Opinions

There are four types of opinions:

Unanimous opinion: A unanimous opinion is where all Justices vote the same way

Majority opinion: This is an expression of the views of the majority of the Supreme Court Justices

Concurring opinion: This is where Justices agree with the decision of the court, but for different reasons

Dissenting opinion: This is the opinion of the Justices on the losing side

Checks and Balances

Just like the other 2 branches of the Federal Government, the Judiciary branch also has checks and balances. Checks include: The presidents ability to appoint Supreme Court Justices

Congress’s power to approve appointments and to impeach and remove Justices

These approvals are done through the Senate Judiciary committee

Congress’s ability to set pay rates for Justices

Congress’s ability to amend the Constitution

Congress’s ability to change the number of Justices on the bench

Limits

Cases have to meet certain criteria. They will only consider cases where the decision will make a major impact.

The Supreme Court will not hear a case to merely decide a point of law. It will not give advisory opinions, rulings on a law or action that has not been challenged.

The person or group bringing the case must have suffered real harm, such as denial of civil liberties or economic loss. Plaintiffs must show that the law or action being challenged has harmed them.

The Supreme Court only accepts cases that involve a substantial federal question. The court is not interested in cases that affect only the parties in the case and that do not have broader significance.

The court has traditionally refused to deal with political questions, issues the court believes the executive or legislative branches should resolve.

Another factor in limiting the courts power is their power to enforce its rulings Lower courts can ignore Supreme Court decision