THE Federal Court System…• Jurisdiction• Original

jurisdiction• Appellate

jurisdiction• Concurrent

jurisdiction• Constitutional

courts• District courts• Courts of Appeals• Legislative courts

WHO HEARS THE CASE?...jurisdiction

• Federal law• Treaties• Interpretation of the

ConstitutionSupreme Court

5th Circuit Ct of Appeals

Dallas Lower Federal Court

STRUCTURE – Judiciary Act 1789

Constitutional• Article III• Fed courts• Supreme Court• District courts 80%• Courts of Appeals• Ct of App for 5th Cir• US ct of Int’l Trade

Legislative• special/narrow• Territorial cts• US Tax Court• US Ct of Appeals for

the Armed Forces • Cases fr Article I

Judiciary Act of 1789 94 district courts (Ec state has 1)13 cts of appeal (1891)

94

Your book has it listed at 91…we have added 3 since printing!!!

http://www.uscourts.gov/FederalCourts/UnderstandingtheFederalCourts/CourtofAppeals.aspx

Only court established by the Constitution!!!!!!!!!!!!!!!!!!

3/26/2012

Chief RobertsBush 2005 (57)

KennedyReagan 1988(75)

GinsbergClinton 1993(79)

Scalia!!!!***Reagan 1986(76)

ThomasBush Sr 1991(63)

SotomayorObama 2009 (57)

BreyerClinton 1994 (73)

AlitoBush 2006 (62) Kagan

Obama 2010 (51)

Obama 2Clinton 2Bush Sr 1Bush Jr 2Reagan 2

HIGHEST COURT IN THE JUDICIAL SYSTEMORIGINAL & APPELLATE JURISDICTIONSTRONG IMPACT ON SOCIAL, ECON, & POLITICALSIZE SET BY CONGRESS IN 1869NOMINATED BY POTUS / CONFIRMED BY SENATE

Politics of Judicial Selection• Senate MUST confirm by majority

vote “during good behavior” – for life!

• Senatorial Courtesy• POTUS fails 20% of time • CONGRESS sets size • (9 in 1869 = same today)

52-48

52-48

Backgrounds…5-4 (R)• Lawyers, white men (6)• >90% same party• “pack the courts”• 1st Mon in Oct – July• Rule of Four

POTUSJohnson

POTUSReagan

PartyPhilosophyRaceGenderReligionRegionExperience“Litmus test”Acceptability: ABA, IGs, & other justices

O’Connor (1981)Ret @ 76 (2006)

Marshall (1967)Ret @ 83 (1991)Died 1993

Which cases?

• RULE OF FOURFew hundred are heardMost denied

• BRIEF ORDERSReturned to lower courtRecently related case

• WRIT OF CERTIORARISup Ct orders a lower court to send up the records of a case for review; interpret law OR decide a Constitutional question

• CERTIFICATELower court may ask the Sup Ct about a rule of law or procedures in specific cases

#7C & #7D

1. Briefs & Oral Arguments2. Research & Conferences3. Writing Opinions

• BRIEF• AMICUS CURIAE BRIEF• LAW CLERKS• PRIVATE MEETINGS• INFORMAL POLL• WRITTEN DECISION…

OPINIONS1. MAJORITY OPINION:

Chief Justice selects who will write

2. CONCURRING OPINION3. DISSENTING OPINION:

Most senior justice of majority selects who writes if Chief is with the minority opinion.

4. PRECEDENTS: standards/guides to be followed in similar cases in the future

Courts as Policy Makers• WARREN COURT (1953-1969) – most liberal court ever

Brown v Board (1954)Gideon v Wainwright (1963) (attorney)Miranda v AZ (1966) (rights)

• BURGER COURT (1969-1986) – conservative ideology

Roe v Wade (1973)US v Nixon (1974) (EXECUTIVE PRIVILEGE)Regents of CA v Bakke (1978) (quotas, but kept affirmative action)

Courts as Policy Makers• REHNQUIST & ROBERTS COURT (1986-present) – also

conservativePlanned Parenthood v Casey (1992)

*In 2007, the Roberts Court upheld the federal Partial-Birth Abortion Act of 2003 in Gonzales v. Carhart (method NOT access)

UNDERSTANDING THE COURTS

• Judicial Selection: POTUS/Senate - “during good behavior” – Senatorial Courtesy

• Supreme Court: What POTUS considers• Majority/Concurring/Dissenting OPINIONS• NEW DEAL ERA!!!!!!!!: laws designed to end the

Depression & court said unconstitutional (too conservative) FDR’s ‘court packing plan’ or ‘the switch in time to save nine’

• Judicial Philosophy: Activism vs Restraint