CHAPTER 12
SUPREME COURT DECISION
MAKING
SUPREME COURT AT WORK
• 2 WEEKS (SIT)—HEAR ARGUMENTS
AND LATER ANNOUNCE DECISIONS.
• 2 WEEKS—WRITE OPINIONS AND
LOOK FOR NEW CASES FOR FUTURE.
• HEAR 1% OF CASES APPEALED.
• DECISIONS IN CASE HELP SHAPE
PUBLIC POLICY FOR THE NATION.
HOW CASES REACH
SUPREME COURT
• ORIGINAL JURISDICTION-VERY FEW.
• 2 WAYS—WRIT OF CERTIORARI OR ON
APPEAL. MOSTLY W OF CERT.
• WRIT—AN ORDER FROM S.C. TO A LOWER
COURT TO SEND UP RECORDS ON A CASE
FOR REVIEW.
• APPEAL—REVIEW LOWER COURT
RULING. FEW CASES HEARD ON APPEAL.
STEPS IN DECIDING MAJOR
CASES.
• SUBMITTING BRIEFS-WRITTEN
ARGUMENT OF ONE SIDE OF CASE.
• ORAL ARGUMENTS-30 MIN. TO
SUMMARIZE CASE. JUDGES ASK ?’S.
• CONFERENCE-9 JUDGES MEET TO
DISCUSS CASES. NEED MAJORITY.
• WRITING OPINION-REASONING,
OUTCOME OF CASE.
KINDS OF OPINIONS ISSUED
BY SUPREME COURT
• UNANIMOUS OPINION
• MAJORITY OPINION
• CONCURRING OPINION
• DISSENTING OPINION—MAY BE
MAJORITY OPINION FOR FUTURE
CASE.
TOOLS FOR SHAPING
PUBLIC POLICY
• DETEMINES
POLICY IN 3
WAYS.
1. JUDICIAL REVIEW
2. INTERPRET THE
MEANING OF
FEDERAL LAWS.
3. OVERTURN
COURT RULINGS.
LIMITS OF SUPREME COURT
LIMIT TYPES OF ISSUES—MINOR ROLE IN FOREIGN
POLICY. MOSTLY CIVIL LIBERTIES, DUE
PROCESS, ETC.
LIMIT TYPES OF CASES—DECISIONS MAKE A
DIFFERENCE. REAL HARM DONE. SUBSTANTIAL
FEDERAL QUESTION.
LIMITED CONTROL OVER AGENDA—CASES MUST
COME TO THE COURT BEFORE DECISION MADE.
LACK OF ENFORCEMENT POWER—CAN’T ENFORCE.
CHECKS N BALANCES—CHECK BY LEG AND EXEC.