The Judicial Branch 2012 Supreme Court 2012 Supreme Court Female SCOTUS Justices Past & Present

The Judicial BranchThe Judicial Branch

2012 Supreme Court2012 Supreme Court

Female SCOTUS Justices Female SCOTUS Justices Past & PresentPast & Present

The Judicial Court SystemThe Judicial Court System

Local & State CourtsLocal & State Courts Three levels in the Three levels in the

federal court systemfederal court system US District Courts District Court US District Courts District Court

Houston Houston US Courts of AppealsUS Courts of Appeals US Supreme Court (SCOTUS)US Supreme Court (SCOTUS)

Supreme Court Building Supreme Court Building

The Judicial BranchThe Judicial Branchin the Constitutionin the Constitution

Article IArticle I Chief Justice presides at the impeachment Chief Justice presides at the impeachment

trial of a presidenttrial of a president Article IIArticle II President nominates SCOTUS justices & President nominates SCOTUS justices &

other federal judges; Senate confirmsother federal judges; Senate confirms Justices/judges can be impeachedJustices/judges can be impeached Pres. Obama has nominated & had Pres. Obama has nominated & had

confirmed 2 SCOTUS justices, 30 US confirmed 2 SCOTUS justices, 30 US Appeals court judges & 128 District court Appeals court judges & 128 District court judgesjudges

The Judicial BranchThe Judicial Branchin the Constitutionin the Constitution

Article IIIArticle III The only court specifically mentioned is The only court specifically mentioned is

the Supreme Courtthe Supreme Court Congress creates lower courtsCongress creates lower courts Judges’ salaries cannot be cut during their Judges’ salaries cannot be cut during their

termterm Term… life… “good behavior”Term… life… “good behavior”

The Judicial Branch The Judicial Branch in the Constitutionin the Constitution

Original JurisdictionOriginal Jurisdiction… hearing a court … hearing a court case for the first timecase for the first time

SCOTUS has original jurisdiction SCOTUS has original jurisdiction Cases involving ambassadors, other Cases involving ambassadors, other

ministers or consulsministers or consuls Cases involving one or more statesCases involving one or more states Appellate JurisdictionAppellate Jurisdiction… ability to review … ability to review

and revise a lower court’s decisionand revise a lower court’s decision Most SCOTUS cases are appellateMost SCOTUS cases are appellate The SCOTUS is the court of last resortThe SCOTUS is the court of last resort

VocabularyVocabulary

AttorneyAttorney… translate policies to legal … translate policies to legal language then enforce or challengelanguage then enforce or challenge

LitigantsLitigants… the two sides of a case; … the two sides of a case; plaintiff & defendantplaintiff & defendant

PlaintiffPlaintiff… accuses… accuses DefendantDefendant… tries to prove the accusation … tries to prove the accusation

wrongwrong


Interest GroupsInterest Groups… may submit amicus … may submit amicus curiae briefs; some are involved because curiae briefs; some are involved because of the court’s ability to shape policy of the court’s ability to shape policy through their decisionsthrough their decisions

Examples… NAACP or ACLUExamples… NAACP or ACLU Amicus Curiae BriefAmicus Curiae Brief… “friend of the … “friend of the

court”court”


Standing to sueStanding to sue… litigants must have a … litigants must have a serious interest in the caseserious interest in the case

Elk Grove ISD v Newdow… are the words Elk Grove ISD v Newdow… are the words “under God” in the pledge of allegiance “under God” in the pledge of allegiance unconstitutional?unconstitutional?

The SCOTUS did not answer the question, The SCOTUS did not answer the question, because they said Newdow did not have because they said Newdow did not have “standing to sue”“standing to sue”

http://www.oyez.org/cases/2000-2009/2003/2003_02_1624

Local & State CourtsLocal & State Courts

In Texas, judges are electedIn Texas, judges are elected Hear approximately 98% of all criminal Hear approximately 98% of all criminal

casescases Most civil cases are settled out of courtMost civil cases are settled out of court Highest state court is State Supreme CourtHighest state court is State Supreme Court CriminalCriminal case… a law is broken case… a law is broken CivilCivil case… disagreement between groups case… disagreement between groups

or broken contract, no law is brokenor broken contract, no law is broken

Federal District CourtsFederal District Courts

Created by 1789 Judiciary ActCreated by 1789 Judiciary Act Have original jurisdictionHave original jurisdiction Use juriesUse juries 94 district courts… 94 district courts…

one in Houstonone in Houston 1 US attorney 1 US attorney

in each courtin each court

Federal District CourtsFederal District Courts

Vacancies are filled through use of Vacancies are filled through use of ““senatorial courtesysenatorial courtesy””

Great weight is given to the views of the Great weight is given to the views of the state senators in which the district is state senators in which the district is located when the Senate votes to confirm located when the Senate votes to confirm a nominationa nomination

If one or both Senators If one or both Senators are against the nominee, are against the nominee, the nominee rarely will the nominee rarely will be confirmedbe confirmed

Federal Appeals CourtsFederal Appeals Courts

Created 1891 by Congress to help clear Created 1891 by Congress to help clear backlog of cases in the Supreme Courtbacklog of cases in the Supreme Court

Divided into 12 districtsDivided into 12 districts 90% of cases are appeals from district 90% of cases are appeals from district

court or State Supreme Courtscourt or State Supreme Courts Review decisions of the federal Review decisions of the federal

administration agenciesadministration agencies

Federal Appeals CourtsFederal Appeals Courts

Federal Appeals CourtsFederal Appeals Courts An appeal is based on a claim that the An appeal is based on a claim that the

district court made an error in procedure or district court made an error in procedure or in interpretation of the law in interpretation of the law

If a case goes against the government in a If a case goes against the government in a district court, the Solicitor General decides district court, the Solicitor General decides whether to appeal the casewhether to appeal the case

The Solicitor General also decides whether The Solicitor General also decides whether the government should submit an amicus the government should submit an amicus curiae brief in appellate courtcuriae brief in appellate court

Solicitor GeneralSolicitor General is third highest person in is third highest person in the Department of Justicethe Department of Justice

Federal Appeals CourtsFederal Appeals Courts Uses a panel of three judges / no jury / no Uses a panel of three judges / no jury / no

attorneysattorneys Most cases decided by reading briefs & looking Most cases decided by reading briefs & looking

at the recordsat the records There is no additional evidence and no witnessesThere is no additional evidence and no witnesses If lawyers are asked to present their side, they If lawyers are asked to present their side, they

have a time limit, usually 15 minutes, & judges have a time limit, usually 15 minutes, & judges can interrupt and ask questionscan interrupt and ask questions

When a district court decision is reversed, the When a district court decision is reversed, the case is case is REMANDEDREMANDED (sent back) and there can (sent back) and there can be another trialbe another trial

SCOTUSSCOTUS Has both original & appellate jurisdictionHas both original & appellate jurisdiction 1 Chief Justice and 8 Associate Justices 1 Chief Justice and 8 Associate Justices ““Rule of FourRule of Four” to accept a case” to accept a case If the court wants to hear a case, they If the court wants to hear a case, they

issue a issue a writ of certiorariwrit of certiorari which asks for which asks for the information/documentationthe information/documentation

Or the court can say they agree with the Or the court can say they agree with the lower court decision and will not hear the lower court decision and will not hear the case… case… stare decisisstare decisis

SCOTUSSCOTUS

Over 10,000 cases are submitted each yearOver 10,000 cases are submitted each year The court reviews approx. 100 of those casesThe court reviews approx. 100 of those cases Decisions are reached by discussion & votingDecisions are reached by discussion & voting

Has no enforcement power—relies on other Has no enforcement power—relies on other branches to enforce decisionsbranches to enforce decisions

The court does not give advice to the The court does not give advice to the president or to anyone elsepresident or to anyone else

SCOTUS VocabularySCOTUS Vocabulary

PrecedentPrecedent… principle or rule established in … principle or rule established in a previous court casea previous court case

Judicial ReviewJudicial Review… case of Marbury v. … case of Marbury v. MadisonMadison

Chief Justice John Marshall began idea that Chief Justice John Marshall began idea that cases should be compared to the cases should be compared to the ConstitutionConstitution


Judicial RestraintJudicial Restraint… court’s power to … court’s power to change policy is limited; deferring to change policy is limited; deferring to precedent is important; the job of the precedent is important; the job of the court is to uphold laws unless those laws court is to uphold laws unless those laws are clearly unconstitutional. are clearly unconstitutional.

Judicial ActivismJudicial Activism… allowing beliefs and … allowing beliefs and philosophy about public policy to influence philosophy about public policy to influence judicial decisionsjudicial decisions


The Supreme Court issues their decisions The Supreme Court issues their decisions in in opinionsopinions

MajorityMajority Opinion… court decision with Opinion… court decision with reasonsreasons

ConcurringConcurring Opinion… supports the court Opinion… supports the court decision for different reasonsdecision for different reasons

MinorityMinority or Dissenting Opinion… explains or Dissenting Opinion… explains reasons for disagreeing with the majority reasons for disagreeing with the majority opinionopinion

SCOTUS TriviaSCOTUS Trivia

Justices serve a life term… “good Justices serve a life term… “good behavior”behavior”

The longest serving The longest serving Chief Justice served 34 years… Chief Justice served 34 years… Chief Justice John MarshallChief Justice John Marshall

The longest serving The longest serving Associate Justice served Associate Justice served 36 years… 36 years… William O. DouglasWilliam O. Douglas

SCOTUS TriviaSCOTUS Trivia

The oldest Justice at retirement was 90 The oldest Justice at retirement was 90 years old when he retired; he had been on years old when he retired; he had been on

the Supreme Court 30 years… Oliver the Supreme Court 30 years… Oliver Wendell Holmes, Jr.Wendell Holmes, Jr.

SCOTUSSCOTUS

Court term begins each year on the first Court term begins each year on the first Monday in OctoberMonday in October

Conference Handshake began in late 19Conference Handshake began in late 19thth century… before starting the day hearing century… before starting the day hearing cases or discussing the cases in cases or discussing the cases in conference, each justice shakes hands conference, each justice shakes hands with all the other justiceswith all the other justices

Symbolizes that in spite of differences of Symbolizes that in spite of differences of opinion, they are united in their purposeopinion, they are united in their purpose

SCOTUSSCOTUS

Like federal appeals courts, there is no jury or Like federal appeals courts, there is no jury or witnesseswitnesses

No new evidence is submittedNo new evidence is submitted Lawyers have 30 minutes to present their sideLawyers have 30 minutes to present their side Justices can interrupt and ask questions Justices can interrupt and ask questions

during the presentationsduring the presentations During conference, no one is with the During conference, no one is with the

justices… no clerks, secretaries, mediajustices… no clerks, secretaries, media The youngest serving justice is the door guardThe youngest serving justice is the door guard

SCOTUSSCOTUS Solicitor General supervises and represents Solicitor General supervises and represents

the government in cases before the Supreme the government in cases before the Supreme CourtCourt

Approx. 2/3 of cases before the SCOTUS Approx. 2/3 of cases before the SCOTUS involve the governmentinvolve the government

SCOTUSSCOTUS

Court recesses in June, but justices spend Court recesses in June, but justices spend the summer reading and deciding which the summer reading and deciding which cases to accept for the next termcases to accept for the next term

Court decisions can be changed either by Court decisions can be changed either by passing a constitutional amendment or by passing a constitutional amendment or by a future court decisiona future court decision

Example… Dred Scott caseExample… Dred Scott case Plessy v. Ferguson Plessy v. Ferguson Brown v. Board of Ed. of Topeka, Brown v. Board of Ed. of Topeka, KSKS

SCOTUS-Selecting a JusticeSCOTUS-Selecting a JusticeCriteria for selecting a person…Criteria for selecting a person… Partisanship… same party as presidentPartisanship… same party as president Ideology… justices support president’s Ideology… justices support president’s

viewsviews Background… having law experience Background… having law experience

important todayimportant today Gender & race… have gained importanceGender & race… have gained importance Geography… not as important as in the Geography… not as important as in the

pastpast

SCOTUS-Selecting a JusticeSCOTUS-Selecting a Justice

When nominations run into trouble…When nominations run into trouble… President’s party is minority in the SenatePresident’s party is minority in the Senate President makes nomination at the end of President makes nomination at the end of

their termtheir term Questionable competence or ethicsQuestionable competence or ethics


Example… Harriet Miers and Robert Bork (1987)Example… Harriet Miers and Robert Bork (1987) Bork’s nomination was rejected because of his Bork’s nomination was rejected because of his

judicial viewsjudicial views Bork was a conservative replacing a “swing voter”Bork was a conservative replacing a “swing voter” Miers nomination was rejected for several Miers nomination was rejected for several

reasons… she was seen as too close to Pres. Bush reasons… she was seen as too close to Pres. Bush as White House counsel, documents the Senate as White House counsel, documents the Senate wanted were not released, seen as conservatively wanted were not released, seen as conservatively unreliable, not qualified because she had never unreliable, not qualified because she had never been a judgebeen a judge


Announcement withdrawing Harriet Mier’s nomination

More VocabularyMore Vocabulary

Civil LibertiesCivil Liberties… protection from … protection from government action; what the government government action; what the government cannot do, because you possess these cannot do, because you possess these libertiesliberties

Found in the Bill of RightsFound in the Bill of Rights


Not specifically in the Bill of Rights…Not specifically in the Bill of Rights… Right to privacy… implied because of otherRight to privacy… implied because of other

civil liberties, such as 4 civil liberties, such as 4thth Amendment Amendment protection against unreasonable search & protection against unreasonable search & seizure seizure

Equality… along with Due Process is in 14Equality… along with Due Process is in 14thth Amendment referring to “equal protection Amendment referring to “equal protection of theof the laws” laws”


Incorporation DoctrineIncorporation Doctrine… the Bill of … the Bill of Rights originally was considered to apply Rights originally was considered to apply only to the federal government.only to the federal government.

See See Barron v. Baltimore (1833)Barron v. Baltimore (1833)… Chief … Chief Justice John Marshall stated Bill of Rights Justice John Marshall stated Bill of Rights applied to the federal government onlyapplied to the federal government only

After passage of the 14After passage of the 14thth Amendment, Amendment, SCOTUS decided to apply various rights to SCOTUS decided to apply various rights to the states on a case by case basis, i.e. the states on a case by case basis, i.e. selective incorporationselective incorporation

Incorporation DoctrineIncorporation Doctrine

Used for the first time in Used for the first time in Gitlow v. New York Gitlow v. New York (1925)(1925)

The question was whether the 1The question was whether the 1stst Amendment applied to states. The answer Amendment applied to states. The answer was yes, but Gitlow still did not win his was yes, but Gitlow still did not win his specific case based on the content of his specific case based on the content of his publicationpublication

Amendments that have been Amendments that have been incorporatedincorporated

All of the First, Fourth, and Sixth All of the First, Fourth, and Sixth Amendments, and all of the Fifth, except Amendments, and all of the Fifth, except the right to indictment by grand jury. the right to indictment by grand jury.

The Second, Third, Seventh, and Tenth The Second, Third, Seventh, and Tenth Amendments were not incorporatedAmendments were not incorporated

The restrictions on excessive fines and bail The restrictions on excessive fines and bail from the Eighth have not been from the Eighth have not been incorporatedincorporated

The Ninth Amendment has not been The Ninth Amendment has not been incorporatedincorporated

More VocabularyMore Vocabulary Civil RightsCivil Rights… the government extends … the government extends

basic rights to groups who have lacked basic rights to groups who have lacked rights in the pastrights in the past

Based on Based on 1414thth Amendment Amendment “no state “no state shall… deny to any person within its shall… deny to any person within its jurisdiction the equal protection of the jurisdiction the equal protection of the laws”laws”

Rights can be extended through laws Rights can be extended through laws passed by Congress passed by Congress

If Congress does not respond to a group’s If Congress does not respond to a group’s request for protection of rights, groups can request for protection of rights, groups can use court cases to gain rightsuse court cases to gain rights

Civil RightsCivil Rights

Civil Rights Act (1964)Civil Rights Act (1964) Voting Rights Act (1965)Voting Rights Act (1965) Americans with Disabilities Act (1990)Americans with Disabilities Act (1990)

Reed v. Reed (1971)Reed v. Reed (1971) established that established that decisions cannot be based solely on decisions cannot be based solely on gender. In this case, the parents were gender. In this case, the parents were separated. Their son died and the father separated. Their son died and the father was named executor of his estate, because was named executor of his estate, because males were preferred over females. The males were preferred over females. The mother contested and won in SCOTUSmother contested and won in SCOTUS

SCOTUS-Level of scrutiny or SCOTUS-Level of scrutiny or When is discrimination permitted?When is discrimination permitted?

Inherently suspect or strict scrutinyInherently suspect or strict scrutiny… a … a classification that needs to be carefully classification that needs to be carefully explained in detail, because in most cases explained in detail, because in most cases the classification would not be allowed.the classification would not be allowed.

Example is race or ethnicity or Example is race or ethnicity or content-specific speechcontent-specific speech

Race/ethnicity CAN be used as one of a Race/ethnicity CAN be used as one of a variety of criteria for college admissions, as variety of criteria for college admissions, as long as it is not the only criteria and is long as it is not the only criteria and is redressing past discriminationredressing past discrimination

When is discrimination When is discrimination permitted?permitted?

Korematsu v. US (1944)Korematsu v. US (1944)… even though the … even though the law was based on ethnicity, the court law was based on ethnicity, the court allowed the law to stand, allowing people allowed the law to stand, allowing people of Japanese descent to be put in of Japanese descent to be put in concentration camps during WW II.concentration camps during WW II.


Intermediate standard/scrutinyIntermediate standard/scrutiny… if the … if the classification is a major component to meet a classification is a major component to meet a government goal, it might be allowedgovernment goal, it might be allowed

Example is genderExample is gender This classification was established in This classification was established in Craig v. Craig v.

Boren (1976)Boren (1976) when Oklahoma passed a law when Oklahoma passed a law establishing a drinking age of 21 for males establishing a drinking age of 21 for males and 18 for females. SCOTUS said this was not and 18 for females. SCOTUS said this was not allowed in this case, because statistics did not allowed in this case, because statistics did not prove that males were more likely than prove that males were more likely than females to have traffic accidents after females to have traffic accidents after drinking alcohol.drinking alcohol.


Reasonableness or rational basis Reasonableness or rational basis reviewreview… the classification relates to a … the classification relates to a rational reason for the discrimination.rational reason for the discrimination.

Example… age Example… age Setting an age limit to get a driver’s Setting an age limit to get a driver’s licenselicenseChild labor laws… setting an age limit to Child labor laws… setting an age limit to work at a paying job (working for family is work at a paying job (working for family is separate)separate)

Chief JusticesChief Justices

Earl WarrenEarl Warren (1953-1969)… activist court (1953-1969)… activist court with a focus on protecting civil liberties & with a focus on protecting civil liberties & civil rights; believed it was the job of the civil rights; believed it was the job of the court to protect rightscourt to protect rights

Warren BurgerWarren Burger (1969-1986)… narrower (1969-1986)… narrower interpretation of rights, but not all interpretation of rights, but not all cases could be classified as judicialcases could be classified as judicial restraint; i.e. restraint; i.e. Roe v. Wade (1973)Roe v. Wade (1973)

Chief JusticesChief Justices

William RehnquistWilliam Rehnquist (1986-2005)… (1986-2005)… judicial restraint and importance judicial restraint and importance of the balance between the federalof the balance between the federal government and the states (federalism) government and the states (federalism)

John RobertsJohn Roberts (2005-present)… “if the decision (2005-present)… “if the decision is wrong, it should be is wrong, it should be overruled.overruled. That’s not activism. That’s That’s not activism. That’s applying the law correctly.” applying the law correctly.”

SourcesSources

http://www.uscourts.gov/FederalCourts.aspx http://en.wikipedia.org/wiki/File:US_Court_of_Appeals_and_District_Court_map.svg http://www.mcnabbassociates.com/uploads/2/0/5/4/2054289/8713417_orig.gif http://www.ramosfamilylaw.com/Images/Harris_County_Family_Law_Center2.jpghttp://www.ramosfamilylaw.com/Images/Harris_County_Family_Law_Center2.jpg http://www.senate.gov/artandhistory/art/artifact/Ga_Cartoon/http://www.senate.gov/artandhistory/art/artifact/Ga_Cartoon/

Ga_cartoon_38_00652.htmGa_cartoon_38_00652.htm http://www.supremecourt.govhttp://www.supremecourt.gov http://www.oyez.org/cases/2000-2009/2003/2003_02_1624http://www.oyez.org/cases/2000-2009/2003/2003_02_1624 http://www.justice.gov/osg/http://www.justice.gov/osg/ http://www.uscourts.gov/FederalCourts/UnderstandingtheFederalCourts/http://www.uscourts.gov/FederalCourts/UnderstandingtheFederalCourts/

CourtofAppeals.aspxCourtofAppeals.aspx http://history1800s.about.com/od/americanoriginals/a/jmarshallbio.htmhttp://history1800s.about.com/od/americanoriginals/a/jmarshallbio.htm http://www.fas.org/sgp/crs/misc/RL31171.pdfhttp://www.fas.org/sgp/crs/misc/RL31171.pdf http://law2.umkc.edu/faculty/projects/ftrials/conlaw/epcscrutiny.htmhttp://law2.umkc.edu/faculty/projects/ftrials/conlaw/epcscrutiny.htm http://apcentral.collegeboard.com/apc/public/repository/07US-Govt-and-http://apcentral.collegeboard.com/apc/public/repository/07US-Govt-and-

4081FC.pdf4081FC.pdf http://www.conservapedia.com/William_Rehnquisthttp://www.conservapedia.com/William_Rehnquist

Documents

The Judicial Branch 2012 Supreme Court 2012 Supreme Court Female SCOTUS Justices Past & Present