THE JUDICARY (FEDERAL COURTS)

Judiciary and Democracy

What is undemocratic about the federal judiciary?

Where or how is democracy enhanced by the judiciary?

Important aspects of the Courts

SCOTUS: Nine justices, set in 1869. The Supreme Court in the

Constitution. Congress and inferior courts. Dual court system

?? $: Associate justices, $213,900; chief justice,

$223,500. (As of 2010.)

Judicial Review

What was it again?

Begun with Chief Justice John Marshall.

Established in Marbury v. Madison.

Federal Court System

How Virginia Rollshttp://www.courts.state.va.us/courts/home.html

Federal District Courts — Trial Courts of Original Jurisdiction

Most cases in the federal court system are first heard in one of the 94 district courts.

Has Grand juries that indict defendants

Only level of federal court that uses juries and witnesses.

Virginia has two districts: Eastern and Western.

U.S. Courts of Appeal — Intermediate-level Courts of

Appellate Jurisdiction No new cases – only appeal.

12 geographic regions (circuits) to hear appeals from the district courts.

U.S. Court of Appeals for the Federal Circuit.

Map of Circuit Courts of Appeal

U.S. Supreme Court A court of both original jurisdiction and appellate

jurisdiction The decisions and opinions of the Supreme Court

become the most important sources of precedent on federal and constitutional questions for courts at all levels of jurisdiction.

Decisions establish precedents that guide other judges; significance of stare decisis.

Not the most diverse crowd: only four women, two African Americans, and one Latina have been appointed to the top bench, and none earlier than the 1960s.

Court opens its TERM on 1st Monday in Oct and ends the following Oct., but they stop hearing arguments in May/June and then decisions roll out; by July/Sept. they are planning on cases to look at next term.

Homework: Who are these people?

Going to the TOP!

Writ of Certiorari (Rule of Four)

Four justices decide if entire Court will hear a case.

The Court has a number of screening mechanisms to control

its docket. Real and adverse: real people. Standing: real conflicts. Ripe. Forms and procedures. Writ of Certiorari

The Supreme Court in Action

Chief Justice. Each chamber averages 7 people:

The Justice. Three to four clerks. Two secretaries. One messenger.

IdeologyJustice: President: Year:

Thomas Bush 1991

Scalia Reagan 1981

Alito GW Bush 2006

C.J. Roberts GW Bush 2005

Kennedy Reagan 1988

Breyer Clinton 1994

Ginsburg Clinton 1993

Kagan Obama 2010

Sotomayor Obama 2009

All presidents, FDR to Reagan (except Ford), appointed 90+% justices from their own party. All of the above (except Kagan) were US Circuit Court judges.

Don’t know who Roberts is?

Join the club!

His wife answered here!

Deciding Cases Reads Briefs (written arguments).

Including those from Amicus curie. Oral argument. Conference, decision. Written opinions.

Majority opinion.

Concurring opinion.

Dissenting opinion.

Ideology of SCOTUS

Scores developed by Andrew Martin and Kevin Quinn.

Another take

And yet another…

Finally

Decision Making Philosophy

Strict interpretation/Originalism.

Living Constitution.

When to Jump In: Judicial activism.

Judicial restraint.