SCOTUS

Supreme Court of the United States

Supreme Court is the ultimate court of appeals in the United States.

The Supreme Court agrees to hear cases based the “rule of four”. If four justices agree, the Supreme Court will hear that case.

Their power to hear a case is discretionary and they do not have to give any reason for refusing to hear a case from their docket.

SCOTUS

If the Supreme Court chooses to not hear a case, the lower court ruling stands.

If they chose to not hear a case, they do not have to give any rationale for why they have chosen not to hear the case…but sometimes they do.

Session

First Monday of October each year and usually continues in session through June.

Receives petitions for approximately 5,000 cases a year.– A) Subject matter is not proper.– B) Subject matter is not sufficient to

warrant a review of the full Court.

Session

Cases are heard with all the Justices sitting together in open court.

Each year the Supreme Court hears about 150 cases of national importance and 3/4ths of such decisions are announced in full published opinions.

Majority, Concurring, and Dissenting Opinions

Majority Opinion: 5 or more justices agree- this is the legal and final decision of the Court.

Concurring Opinion: Can be written by another Justice that agrees with the majority opinion.

Dissenting Opinion: Can be written by a Justice that disagrees with the majority decision.

U.S. Supreme Court

Located in back of the U.S. Capitol Building

U.S. Supreme Court

U.S. Supreme Court 2011-2012

John G. Roberts, Jr.

Chief Justice Born in 1955 J.D. Harvard Law U.S. Court of

Appeals for DC in 2003 (GWB)

George W. Bush nominated him C.J in 2005 [78-22]

Roman Catholic

Antonin Scalia

Associate Justice Born in 1936 LL.B Harvard U.S. Court of

Appeals D.C. in 1982 (Reagan)

Ronald Reagan nominated him in 1986 [98-0]

Roman Catholic

Anthony M. Kennedy

Associate Justice Born in 1936 LL.B Harvard U.S. Court of

Appeals 9th Circuit in 1975 (Ford)

Ronald Reagan nominated him in 1988 [97-0]

Roman Catholic

Clarence Thomas

Associate Justice Born in 1948 J.D. Yale U.S. Court of

Appeals D.C. in 1980 (GHWB)

George H.W. Bush nominated him in 1991 [52-48]

Roman Catholic

Ruth Bader Ginsburg

Associate Justice Born in 1933 LL.B Columbia U.S. Court of

Appeals D.C. in 1980 (Carter)

Bill Clinton nominated her in 1993 [96-3]

Jewish

Steven G. Breyer

Associate Justice Born in 1938 LL.B. Harvard U.S. Court of

Appeals D.C. in 1980 (Carter)

Bill Clinton nominated him in 1994 [87-9]

Jewish

Samuel A. Alito, Jr.

Associate Justice Born in 1950 J.D. Yale U.S. Court of

Appeals 3rd Circuit in 1990 (GHWB)

George W. Bush nominated in 2006 [58-42]

Roman Catholic

Sonia Sotomayor

Associate Justice Born in 1954 J.D. Yale U.S Court of

Appeals 2nd Circuit in 1998 (Clinton)

Barack Obama nominated her in 2009 [68-31]

Roman Catholic

Elena Kagan

Associate Justice Born in 1960 J.D. Harvard U.S. Court of

Appeals (expired) Solicitor General

represents U.S. Government

Obama nominated her in 2010 [63-37]

Jewish

Justices of the Supreme Court Nine Justices led by a Chief Justice of the

Supreme Court. His/her main duty is administrational and ceremonial.

There are no formal qualifications listed in the Constitution for a Supreme Court justice.

Nomination and confirmation can sometimes become very “political”.

Almost always…. Republican Presidents nominate Republican

candidates for the court Democratic Presidents nominate Democratic

candidates for the court

U.S. Supreme Court 2011-2012

Federal system94 district courts: criminal and civil

cases13 appeals courts: appellateJustices – appointed for life.

SCOTUS

Unit V