The Supreme Court In Action The Supreme Court

The Supreme Court In Action

The Supreme Court In Action � Federal govt. is party to almost half the cases � Solicitor ◦ ◦ general frequently appears before S. C. Federal govt. ’s top trial lawyer 3 rd in command at Justice Dept. Decides what cases govt. will appeal from lower courts Approves every case presented to S. C. � Justices may consider other opinions ◦ Amicus curiae (“friend of the court”) briefs submitted if both parties agree or S. C. grants permission ◦ Law journals, especially Harvard and Yale’s

Conference Procedures � Chief Justice: speaks first, votes last � Selection of opinion writer by senior judge on winning side � Kinds of Court Opinion: ◦ Per curiam: brief and unsigned ◦ Majority, concurring, and dissenting ◦ About 40% of opinions are unanimous

The United States Supreme Court

Chief Justice John Roberts Assumed office : September 29, 2005 Nominated by George W. Bush Preceded by William Rehnquist

Associate Justices Antonin Scalia Assumed office: September 26, 1986 Nominated by Ronald Reagan Anthony Kennedy Assumed office: February 18, 1988 Nominated by Ronald Reagan

Associate Justices Clarence Thomas Assumed office: October 23, 1991 Nominated by George H. W. Bush Ruth Bader Ginsburg Assumed office: August 10, 1993 Nominated by Bill Clinton

Associate Justices Stephen Breyer Assumed office: August 3, 1994 Nominated by Bill Clinton Samuel Alito Assumed office: January 31, 2006 Nominated by George W. Bush

Associate Justices Sonia Sotomayor Assumed office: August 8, 2009 Nominated by Barack Obama Elena Kagan Assumed office: August 7, 2010 Nominated by Barack Obama

The Power of the Federal Courts � Measures of Power ◦ # of laws declared unconstitutional (over 160) ◦ # of prior cases overturned (over 260) Not following stare decisis (allowing precedent to control current case) ◦ Extent to which judges will handle “political questions” Cases once left to legis. and exec. branches ◦ Kinds of remedies imposed A judicial order enforcing a right or correcting a wrong More sweeping orders now that affect large groups

The Power of the Federal Courts � Supporters of Judicial Activism ◦ Courts should correct injustices when other branches or state govts. refuse ◦ Courts are last resort for people without power or influence to gain new laws � Critics of Judicial Activism ◦ Judges lack expertise in designing and managing complex institutions ◦ Requires balancing policy priorities and allocating public revenues ◦ Courts aren’t accountable because judges aren’t elected

The Power of the Federal Courts � Why is there more activism today? ◦ Adversary culture that emphasizes individual rights ◦ People are suspicious of govt. power ◦ Easier to get standing in court

Why Are The Courts So Involved In Legislation? � Laws and Constitution have vague language � Laws induce court challenges ◦ Gives courts chances to design remedies ◦ Govt. increasingly on the defensive in court cases � Attitudes of federal judges ◦ Affects their decisions because law gives them wide freedom