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The Supreme Court

The Supreme Court

Let’s start with a little vocabulary…Writ of certiorari : an order by a higher court directing a lower court to send up a case for review.

In forma pauperis: a method whereby a poor person can have his or her case heard in federal court without monetary charge.

The Supreme CourtDeterrents to the courts acting as democratic

institutions Supreme Court rejects all but a few of the

applications for certiorari (96% rejected!!) Costs of appeal are high

Financial costs may be lowered -In forma pauperis: plaintiff indigent, with costs paid by government (Like in Gideon) -Indigent defendant in a criminal trial: legal counsel provided by government at no charge -Payment by interest groups (e.g. ACLU—usually liberal)

Cost in terms of time is also high and cannot be mitigated

The Supreme Court

Fee Shifting Usually, each party must pay their

own legal expenses The losing defendant pays the

plaintiff’s expenses (fee shifting) in certain cases

The Supreme CourtStanding Guidelines regarding who is entitled to bring a new case

-There must be a real controversy between adversaries - Personal harm must be demonstrated - Being a taxpayer does not ordinarily constitute

entitlement to challenge federal government action; this requirement is relaxed when the First Amendment is involved (Ex. tax $ used for religious school)

Sovereign immunity - Government must consent to being sued (usually have

to show harm)- By statute, government has given its consent to be sued

in cases involving contract disputes and negligence (rules have been relaxed)

The Supreme CourtClass-Action Suits Brought on behalf of all similarly situated persons Number of class-action suits increased because

there were financial incentives to bring suit and because Congress was not meeting new concerns

In 1974, Supreme Court tightened rules on these suits for federal courts, though many states courts remain accessible Ex. Must notify every person involved in the suit

Big class-action suits affect how courts make public policy (ex.: asbestos, silicone breast implants)

The Supreme Court What is the procedure of a case?

Court grants WRIT OF CERTIORARI to any petition that gets votes of four or more justices

Attorneys for each side file their BRIEFS, explaining their arguments If federal government is a party in the case, the Solicitor

General (3rd ranking officer in the Department of Justice) represents it

Justices then listen to the oral arguments Each side gets half an hourJustices frequently interrupt with questions (a lot)

Since federal government is a party to almost half the cases, the solicitor general frequently appears before the courtSolicitor general = federal government’s top trial lawyer

The Supreme Court

Procedure (Continued)Justices read any amicus curiae briefs submitted, consider all opinions

On Fridays, justices meet to conference and argue each case they heard that weekVery private! No stenographers, tape

recorders or video cameras allowed!Vote is taken, opinions assigned

The Supreme Court Opinions

Per curiam: brief and unsigned, “by the court” Opinion of the court: means majority opinion Concurring opinion: agree with the ruling of

the majority opinion, but modify the supporting reasoning. (agrees but for different reasons)

Dissenting: this is the minority opinion (those that disagree with the majority within the Supreme Court justice vote)

On the record to protest the majority; have been used over 200 times to help overturn a previous opinion

About 40% of votes are unanimous

John G. Roberts Chief Justice

Antonin Scalia Anthony Kennedy Clarence Thomas

Ruth Bader Ginsburg Stephen Breyer Samuel Alito

Sonia Sotomayor Elena Kagan

Associate Justices

Fun facts…Each Justice is entitled to 4 law clerks Supreme Court justices make about $210,000/year

and federal judges make about $165,000/year. Chief Justice assigns majority opinions when in the

majority Senior Justice on majority side does it when the

Chief is in minority.United States Reports: Official printed record of

Court’s decision. The Court is in session for 36 weeks of the year

(Oct-June) There is never an explanation given for which

cases are selected by the Supreme Court