THE COURT’S PROCEDURES• Submitting Briefs

−Legal arguments on the case−Parties not directly involved may submit

amicus curiae

• Oral Arguments

• The Conference−Justices meet to discuss cases on Fridays

• Writing the Opinion−Unanimous opinion−Majority opinion−Concurring opinion−Dissenting opinion

GETTING CASES TO THE COURT• Fall under Supreme Court’s original jurisdiction

• Writ of certiorari− Order from the court to send the records for a case up− Generally select very few

• On Appeal

• The Solicitor General− Appointed by the President and represents the federal

government− Determines if lower federal court decisions should be

appealed

• Rule of Four− If four of nine justices agree to accept the case, they will

hear it− Either ask for more information or rule on info already

available• Per curiam opinion – a brief, unsigned opinion

TOOLS FOR SHAPING POLICY• 3 Ways Supreme Court Determines Policy

−Using judicial review•Ruled Abraham Lincoln could not suspend

certain civil rights−Interpreting the meaning of laws

•Decipher loose wording

−Over-ruling previous decisions•Stare decisis – let the

decision stand−Previous decisions

create a precedent

INFLUENCING PUBLIC POLICY

LIMITS ON THE SUPREME COURT• Limits on Types of Issues

−Minor role in foreign policy−Bulk of cases are civil liberties

• Limits on Types of Cases−Decision must make a difference−The plaintiff must have suffered real

harm−Must involve a substantial federal

question−Will not decide on issues the executive

or legislative branch can decide

LIMITS ON THE SUPREME COURT

• Limited Control Over Agenda−Wait for cases to arrive to their desk

• Lack of Enforcement Power−Lower court judges may ignore decisions−President and Congress can fail to

enforce decisions

• Checks and Balances−President appoints justices−Congress approves appointments and

can impeach and remove