Supreme Court Oyez What is the role and

Supreme Court Oyez!

What is the role and function of the Judiciary? How do justices make their decisions? The 8 th Amendment to the Constitution bars cruel and unusual punishment. It is 1796, and the question before the court is this: Is imposing the death penalty on a 17 year old cruel and unusual? If no, move to the right side of the room. If yes, move to the left side.

Does it change to your position to know that in the 1790’s, when the Constitution was implemented, executing 17 year olds was acceptable practice in all states? If this changes your position, as a justice, move to the correct side of the room.

It is now 1989, over half of the 50 states and more than 50% of the population currently believe in applying the death penalty for murder. Does this change your position? Move if it does. Now, it is 2014, fewer than half the states, and only 40% of the population support the death penalty. Is it cruel and unusual?

www. cspanvideo. org/program/Intenta Listen for the justice who has the same position as you, Also, listen for the factors that influence their decisions…. Textualist, strict constructionist, originalist, evolutionist, developmentalist

Basic Information… 9 Justices Nominated by President Approved by Senate Hold position for life or until retire

Judicial Review… Marbury v. Madison Reviews Constitutionality of: State and federal legislation Actions of chief executives Decisions of other courts

Important Terms… Writ of Certiorari Stare Decisis/ Precedent Remember: Majority Opinion Concurring Opinion Dissenting Opinion

I will take this case all the way to the Supreme Court … “Rule of Four” Annual docket = 8, 000 cases Fewer than 100 heard or reviewed $300 filing fee In forma pauperis Quorum = 6

History of the Federal Judiciary National Supremacy & Slavery (1789 - 1861) Marbury—judicial review Mc. Culloch--national supremacy Dred Scott- citizenship rights

History, con’t Gov’t & the Economy /Role of Gov (CW – WWII) How much gov’t reg. of economy? 14 th and 15 th amend interpreted narrowly as to who are citizens- Plessy v. Ferguson Gov’t & Personal Liberty (WWII – Present) Women’s issues, workers’ rights, gay rights (Roe v. Wade) AND Revival of State Sovereignty-“devolution” since 1980’s

Basic Biographical Information Review the bios of the nine Supreme Court Justices Try and determine if the Justice is conservative or liberal

1. Chief Justice John Roberts Harvard grad Law clerk for Rehnquist Associate Counsel to Reagan U. S. Court of Appeals for D. C. Nominated Chief Justice by Pres. Bush 2005

2. Samuel Alito Yale Law U. S. Attorney New Jersey U. S. Court of Appeals for the Third Circuit Nominated Associate Justice by Pres. Bush 2006

3. Stephen Breyer Harvard Law Assistant Special Prosecutor of the Watergate Special Prosecution Force U. S. Court of Appeals First Circuit Nominated Associate Justice by Pres. Clinton 1994

4. Ruth Bader Ginsberg Harvard and Cornell Law School Professor at Rutgers, Columbia 1971 - Launched the Women’s Rights Project of the ACLU General Counsel and Board of Directors Nominated Associate Justice by Pres. Clinton in 1993

5. Clarence Thomas Yale Law Asst. Attorney General of Missouri Asst. Sec. for Civil Rights, U. S. Dept. of Ed. Chairman EEO Commission Nominated Associate Justice by 1 st Pres. Bush 1991

6. Sonia Maria Sotomayorreplaced Souter in 2009 Sotomayor born June 25, 1954, in the Bronx, New York. Nominated by Obama. Sotomayor is the first Hispanic and third female justice to serve on the Supreme Court. Princeton U and Yale Law

David Souter (replaced by Sotomayor) Rhodes Scholar Harvard Law Attorney General of New Hampshire U. S. Court of Appeals First Circuit Nominated Associate Justice by 1 st Pres. Bush in 1990.

7. Anthony Kennedy Harvard Law Chaired the Committee on Pacific Territories U. S. Court of Appeals Ninth Circuit Nominated Associate Justice by Pres. Reagan 1988

8. Antonin Scalia Harvard Law Professor UVA, Georgetown, Stanford U. S. Court of Appeals for D. C. Nominated Associate Justice by Pres. Reagan in 1986

9. Elena Kagan-replaced Stevens in 2010 born New York City on April 28, 1960. Nominated by Obama. the fourth woman to serve on the Supreme Court. Princeton-Oxford-Harvard Law Dean of Harvard Law and professor of law

John Paul Stevens (replaced by Kagan) Northwestern Law U. S. Navy U. S. Court of Appeals Seventh Circuit Nominated Associate Justice by Pres. Ford 1975

Justices 1. Roberts 2. Alito 3. Breyer 4. Kennedy 5. Thomas 6. Sotomayor-----Souter 7. Ginsberg 8. Scalia 9. Kagan -----Stevens Good bios found at : http: //topics. nytimes. com/top/reference/time stopics/organizations/s/supreme_court/index. html

Factors That Influence Supreme Court Nominations Party affiliation (80% or higher) Judicial Philosophy “Litmus Test” where nominees stand on controversial issues like abortion Background of nominee (education, experience, race, gender, ethnicity, etc. ) Cultivating political support Political favors Interest group input American Bar Association certification Securing a “safe” nominee

The U. S. Constitution and the Supreme Court Article III describes the judicial power of the Supreme Court: “The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress May …establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior…”

U. S. Supreme Court Confirmation Process WHITE HOUSE REVIEW Stage 1: Presidential Nomination Stage 2: Senate Judiciary Committee Hearing Certification FBI Investigation INTEREST GROUP Influence MEDIA Influence Stage 3: Full Senate Vote Stage 4: Oath of Office?

U. S. Supreme Court Confirmation Process 1. White House Staff Stage 1 submits short list Presidential Nomination 2. FBI background investigation 3. Candidates submit financial disclosure forms 4. ABA grades candidates 5. Interest groups weigh in on candidates 6. President selects nominee

U. S. Supreme Court Confirmation Process 1. Senate Judiciary members and Stage 2 Senate Judiciary Committee Hearings their staffs review candidate’s background (may conduct own investigation) 2. Interest groups may conduct campaigns for or against nominee (including TV ads) 3. Intense media attention to Senate hearings 4. Senate Judiciary Committee questions candidate on judicial philosophy, stands on key issues, etc. LITMUS TEST 5. Judiciary Committee votes up or down on nominee and sends recommendation to full Senate

U. S. Supreme Court Confirmation Process Stage 3 Full Senate Vote 1. Floor debate on nominee 2. Confirmation vote by full Senate

U. S. Supreme Court Confirmation Process Stage 4 Oath of Office 1. If confirmed by the Senate, nominee sworn in, usually by Chief Justice 2. Once on the Court, justices often make decisions on the bench very different from what the nominating President had anticipated independent judiciary

Review the following Decisions Use the voting patterns of the Justices to determine what you believe was their vote for the following cases… Wallace v. Kato Philip Morris USA v. Williams Cunningham v. California Good bios found at : http: //topics. nytimes. com/top/reference /timestopics/organizations/s/supreme_c ourt/index. html

Wallace v. Kato Is the lawsuit seeking damages a valid claim or did too much time pass before the petitioner brought suit? How does your assigned justice decide this case? Majority: Scalia, Roberts, Kennedy, Thomas, Alito Concurring: Stevens, Souter Dissenting: Breyer, Ginsberg What is your rationale for the decision? This is not a valid suit. The statute of limitations begins to run at the time the claimant becomes detained in the legal process. The false imprisonment had ended when he appeared before the judge and was bound over for trial, not, as he claims, when the charges were dropped against him.

Phillip Morris USA v. Williams May punitive damages be awarded against a defendant for a deceased individual? Were the punitive damages imposed “grossly excessive”? How does your assigned justice decide this case? Majority: Breyer, Roberts, Kennedy, Souter, Alito Dissenting: Stevens, Scalia, Thomas, Ginsberg What is your rationale for the decision? A state can’t use a punitive damages award to punish a defendant for injury inflicted on strangers to the litigation. Punitive damages awarded to “punish” the defendant, simply takes property away from the defendant without due process. The Court refused to consider the question of whether the award is constitutionally “grossly excessive” as a new trial may ensue.

Cunningham v. California Does the implementation of the Determinate Sentencing Law violate the 6 th Amendment right to a trial by jury and his 14 th Amendment right to due process? How does your assigned justice decide this case? Majority: Ginsberg, Roberts, Stevens, Scalia, Souter, Thomas Dissenting: Kennedy, Breyer, Alito What is your rationale for the decision? The DSL violates a defendant’s right to a trial by jury under the 6 th and 14 th Amendments. The jury must consider the aggravating and mitigating circumstances, not the judge.

Review the facts of the following cases Use the voting patterns of the justices in prior decisions to predict how they will vote on these upcoming cases: Mc. Cutcheon v. FEC Schuette v. Coalition to Defend Affirmative Action Elane Photography LLC v. Willock, Information can be found at Oyez. org and supremecourt. org and NY Times Topic.

Sources: http: //www. abanet. org/publiced/preview /scprimer. pdf http: //www. supremecourtus. gov/about/b iographiescurrent. pdf http: //supreme. lp. findlaw. com/supreme_ court/justices/presjustices. html