C O M P O S I T I O N , C A S E L O A D A N D C U R R E N T I S S U E S

THE SUPREME COURT

SUPREME COURT SELECTIONS

• Nominee is given to Senate Judiciary Committee.• Nominee grilled by Senate Judiciary• Nominee testifies before committee• Senate Judiciary approves or rejects the nominee• Nominations that are approved by Senate Judiciary, will

go to full Senate vote - can be filibustered

• *What is the check on the power of the Supreme Court taking place here? • *By what branch/branches?

CHECKS ON JUDICIAL BRANCH

• Presidential nominees must be approved by Senate (only 29 have been rejected out of 147.)• Judges can be impeached• Number and jurisdiction of courts determined by

Congress• Amendments to Constitution and new laws can

overrule previous court decisions

THE OBAMA SUPREME COURTService Birth

Name, state

Assoc. Justice

Chief Justice

Yrs

Place Date Died Religion

Antonin Scalia, DC

1986 - --- NJ 1936 --- Roman Catholic

Anthony M. Kennedy CA

1988 - --- Calif. 1936 --- Roman Catholic

Clarence Thomas DC

1991 - --- GA 1948 --- Roman Catholic

Ruth Bader Ginsburg DC

1993 --- NY 1933 --- Jewish

Stephen G. Breyer MA

1994 - --- Calif. 1938 --- Jewish

John G. Roberts DC

2005 - --- NY 1955 --- Roman Catholic

Samuel A. Alito Jr. NJ

2006 - --- NJ 1950 --- Roman Catholic

Sonia Sotomayor NY

2009 - --- NY 1954 --- Roman Cathoilc

Elena Kagan NY

2010 - --- NY 1960 --- Jewish

THE OBAMA SUPREME COURT

CURRENT MEMBERS

•Chief Justice: John Roberts (C)•Liberal Justices: Elena Kagan, Ruth Bader-Ginsberg Sonia Sotomayor, Stephen Breyer•Conservative Justices: Antonin Scalia, Anthony Kennedy, Clarence Thomas, Samuel Alito.

SUPREME COURT COMPOSITION

• 9 Judges• Called “justices”• Currently on 15th Chief Justice

• Court only hears about 70 cases a year, only 1-2% of cases reach them• Concurring Opinion (Majority) and Dissenting

(Minority) view written.

CONSERVATIVE TILT

BUSH APPOINTEES

•Samuel Alito

•Chief Justice John Roberts

OBAMA’S APPOINTEES

• Sotomayor- First Hispanic Justice.• Promoted from 2nd

Circuit Appeals Court.

• Kagan- Another female appointee• Promoted from Solicitor General

OVER THE YEARS- WHAT’S DEFINED

• National Supremacy and Slavery (1789-1861)• Marbury v. Madison• Dred Scott v. Sandford (1857)

• Government and the Economy (1865-1936)• Protection of private property• Labor Laws

• Government and Political Liberty (1953-1969)• Civil Rights Movement

DECIDING WHAT TO HEAR

• Cornell University’s Supreme Court Calendar• Writ of Certiorari• Court asks to be sent all relevant material on a case from

a lower court

• “Discuss List” – clerks identify cases worth of court review• Rule of Four – if 4 justices vote to accept the case, the

court will do so

• Per Curiam Opinion – brief, unsigned statement of the courts decision• Issued without full review, oral argument, etc.

STEPS IN DECIDING CASES

Submitting Briefs – written statement of legal arguments, relevant facts, and past precedents

Oral Arguments – Each side is given 30 minutes to sum up their arguments where justices can interrupt to ask questions

The Conference – Wednesday’s and Friday’s justices hold a secret meeting to debate the cases before the court. Chief justice presides over the discussion. No minutes are kept. Cases are generally reviewed for 30 minutes. Justices vote – each vote carrying the same weight.

Writing the Opinion Unanimous Opinions where all justices agree (about 1/3 of cases)Majority Opinion expresses views of the majorityConcurring Opinions are written when justices agree with the majority but for different reasonsDissenting Opinions are the opinions of the justices on the losing side of a case