Chapter 12

The Supreme Court at Work

A. The Supreme Court at Work• When in session, the Court sits for two

consecutive weeks each month, starting in October and ending in June/July

• Chief Justice makes $223,900Justices make $213,900

• They hear arguments & then they consider arguments, work on opinions, and study petitions of those who want to be heard.

• The judges are expected to recuse themselves if there is a conflict of interest

B. How Cases Reach the Court• “The rule of four”- at least 4 judges must agree

that the Court should hear a case before it is selected for the Court’s docket.

• Most cases reach the Court by writ of certiorari- an order to a lower court to send up the record in a given case. This must be granted in cases involving the constitutionality of a law.

• Some are sent by certificate- when appellate courts, States supreme courts, or others request a ruling on a particular point of law.

Writ of Certiorari• Certiorari mean “to be informed”• Must be filled within 90 days of the judgment• Must pay $300 docket fee• No guarantees it will be considered• Must be less than 9,000 words• Must be a specific font • With specific paper 9.5 x 6.25• You can’t use a typewriter

The Courtroom

• Plaintiff: the person or party who brings (initiates) a case. In a criminal trial the plaintiff is the state or national government.

• Defendant: party against whom a suit is brought.

• Solicitor General- is appointed by the president and represents the U.S. before the court in cases in which the U.S. is a party. Nearly half the cases involve the federal government

C. The Supreme Court at Work

• Briefs- written documents supporting one side of a case.

• Oral Arguments- lawyers speak to justices emphasizing major points they made in their briefs.

• 90% of requested cases are rejected

• In the 2006-2007 session there were 7,132 petitions to the Supreme Court – the court heard 7 cases

D. How the court hears a case• Lawyers for each side submit briefs.• Individuals, interest groups, and government

agencies may submit amicus curiae, “friend of the court,” briefs supporting one side or the other.

• Lawyers for each side present oral arguments, and answer questions from the justices. Each side has exactly 30 minutes – after 25 a white light is turned on, after 30 the light turns red and the speaker must stop immediately

• The Conference- On Fridays the justices meet in secret to debate the case’s merits and vote

• Opinions- Justices always write an Opinion of the Court.

• Unanimous opinion- all justices agree. • Majority Opinion- The official opinion of the court. • Concurring Opinion- When a justice agrees with the

opinion of the court but for different reasons. • Dissenting Opinion- when a justice disagrees with

the Opinion of the court.• Precedent – a previously decided case recognized as

authority to prove a case • Stare decisis – let the decision stand

Activism vs. Restraint• Judicial Activism: Deciding a case based on

what one believes to be the “Spirit” of the Constitution. Willing to overturn legislation.

• Judicial Restraint: Deciding a case based on the “Letter” of the Constitution. Usually gives legislation the benefit of the doubt unless it is obviously unconstitutional.

• Your opinion usually changes based upon with which side you agree.– Liberal & Conservative judges can & are

activist

Roberts – CScalia - CKennedy – R/SThomas - CGinsburg - LBreyer - LAlito - CSotomayor - LKagan - L

Landmark Cases

McCullough v. Maryland 1819

• State of Maryland tried to tax a national bank. Supreme Court found that states cannot tax the federal government.

• Impact– Implied Powers– Supremacy of the National Government

Schenck v. United States 1919

• Held that free speech could be limited if there was a “clear and present danger” that illegal action might result from speech. [9-0]

• Conspiracy to violate 1917 Espionage Act by causing and attempting to cause insubordination and obstruction of recruitment and enlistment service.

• Impact– Declaration of war suspends certain civil

liberties

Brown v. Board of Ed. 1954

• Established precedent that “separate but equal” doctrine of Plessy v. Ferguson (1896) was not equal. [9-0]

• Impact– Desegregation of all public schools and later

public spaces– Civil Rights Movement– Bussing and Affirmative Action

NY Times v. United States 1971

• Held that censorship was unconstitutional unless the government could prove serious and immediate harm to nation. [6-3]

• The Pentagon Papers• The Government wanted to stop the Washington

Post and NY Times from publishing The Pentagon Papers

• Impact– First Amendment– Immediate harm to nation

U.S. v. Nixon 1974

• Established that Executive Privilege in cases of military or national security issues is acceptable but it cannot be used to conceal a crime. [8-0]

• The Watergate Tapes• Impact

– Resignation of Nixon– Executive Immunity checked– Abuse of Power defined…

Gregg v. Georgia 1976• Court ruled that rewritten capital punishment were

constitutional if and only if A) Juries/ Judges allowed to consider character and circumstances of crime and B) Death penalty cannot be made mandatory. [7-2]

• Furman v. Georgia• Impact

– States would reform their death penalty statutes and capital punishment returns to States – most states chose lethal injection. Utah has the firing squad. Washington and New Hampshire have hanging

Texas v. Johnson 1989

• Texas law made desecration of U.S. or Texas flags crimes. Supreme Court ruled that this mode of “self-expression” was protected under the 1st Amendment. State cannot “force” patriotism. [5-4]

• Impact– Flag desecration amendment bills in State

legislatures and Congress

Citizens United v. FEC 2010

• Overrulling two previous cases• 1st Amendment rights of corporations• Government may not ban political

spending by corporations in candidate elections [5-4]

• Impact– Basic free speech– Donations are equal to speech– Hard money…

The Death Penalty• Average cost of a

death penalty case is $395,762

• Average cost of a non-death penalty is $98,963

The Death Penalty