The U.S. Supreme Court. How do Supreme Court justices choose which cases to hear? 1. Look for broad,...
-
Upload
kimberly-dwyer -
Category
Documents
-
view
215 -
download
0
Transcript of The U.S. Supreme Court. How do Supreme Court justices choose which cases to hear? 1. Look for broad,...
![Page 1: The U.S. Supreme Court. How do Supreme Court justices choose which cases to hear? 1. Look for broad, sweeping issues 2. Look at petitions.](https://reader036.fdocuments.us/reader036/viewer/2022070305/5514181c550346e7488b53c3/html5/thumbnails/1.jpg)
The U.S. Supreme Court
![Page 2: The U.S. Supreme Court. How do Supreme Court justices choose which cases to hear? 1. Look for broad, sweeping issues 2. Look at petitions.](https://reader036.fdocuments.us/reader036/viewer/2022070305/5514181c550346e7488b53c3/html5/thumbnails/2.jpg)
![Page 3: The U.S. Supreme Court. How do Supreme Court justices choose which cases to hear? 1. Look for broad, sweeping issues 2. Look at petitions.](https://reader036.fdocuments.us/reader036/viewer/2022070305/5514181c550346e7488b53c3/html5/thumbnails/3.jpg)
![Page 4: The U.S. Supreme Court. How do Supreme Court justices choose which cases to hear? 1. Look for broad, sweeping issues 2. Look at petitions.](https://reader036.fdocuments.us/reader036/viewer/2022070305/5514181c550346e7488b53c3/html5/thumbnails/4.jpg)
![Page 5: The U.S. Supreme Court. How do Supreme Court justices choose which cases to hear? 1. Look for broad, sweeping issues 2. Look at petitions.](https://reader036.fdocuments.us/reader036/viewer/2022070305/5514181c550346e7488b53c3/html5/thumbnails/5.jpg)
![Page 6: The U.S. Supreme Court. How do Supreme Court justices choose which cases to hear? 1. Look for broad, sweeping issues 2. Look at petitions.](https://reader036.fdocuments.us/reader036/viewer/2022070305/5514181c550346e7488b53c3/html5/thumbnails/6.jpg)
![Page 7: The U.S. Supreme Court. How do Supreme Court justices choose which cases to hear? 1. Look for broad, sweeping issues 2. Look at petitions.](https://reader036.fdocuments.us/reader036/viewer/2022070305/5514181c550346e7488b53c3/html5/thumbnails/7.jpg)
![Page 8: The U.S. Supreme Court. How do Supreme Court justices choose which cases to hear? 1. Look for broad, sweeping issues 2. Look at petitions.](https://reader036.fdocuments.us/reader036/viewer/2022070305/5514181c550346e7488b53c3/html5/thumbnails/8.jpg)
How do Supreme Court justices choose which cases to hear?
1. Look for broad, sweeping issues
2. Look at petitions from litigants wanting to appeal to them
Then, each justice makes a list – a discuss list – of what cases they would most like to see
![Page 9: The U.S. Supreme Court. How do Supreme Court justices choose which cases to hear? 1. Look for broad, sweeping issues 2. Look at petitions.](https://reader036.fdocuments.us/reader036/viewer/2022070305/5514181c550346e7488b53c3/html5/thumbnails/9.jpg)
• The justices meet in secret with their discuss lists
• Starting with the most junior justice, they bring up cases and talk about them
• In order to hear a case, 4 justices have to say they want to hear it
• Granting cert. is agreeing to hear a case
![Page 10: The U.S. Supreme Court. How do Supreme Court justices choose which cases to hear? 1. Look for broad, sweeping issues 2. Look at petitions.](https://reader036.fdocuments.us/reader036/viewer/2022070305/5514181c550346e7488b53c3/html5/thumbnails/10.jpg)
Rule of 4
• 4 is not a majority
• The 4 that want to hear a certain case have to be sure that they can get a 5th judge to side with them
• It’s a strategic process
![Page 11: The U.S. Supreme Court. How do Supreme Court justices choose which cases to hear? 1. Look for broad, sweeping issues 2. Look at petitions.](https://reader036.fdocuments.us/reader036/viewer/2022070305/5514181c550346e7488b53c3/html5/thumbnails/11.jpg)
Cue Theory
• Realistically, there are lots of cases that come to the court and are not read or studied – it would be impossible to read/study all of them
• Justices (and their clerks) look for specific characteristics or cues
![Page 12: The U.S. Supreme Court. How do Supreme Court justices choose which cases to hear? 1. Look for broad, sweeping issues 2. Look at petitions.](https://reader036.fdocuments.us/reader036/viewer/2022070305/5514181c550346e7488b53c3/html5/thumbnails/12.jpg)
Cues
1. Issues – accept constitutional issues/civil liberties
2. Conflicting rules – when lower courts disagreed
3. Lawyers – good attorneys they have seen before have an influence
4. “Amicus Curiae” briefs – more likely to accept cases with briefs that ask them NOT to hear the case
![Page 13: The U.S. Supreme Court. How do Supreme Court justices choose which cases to hear? 1. Look for broad, sweeping issues 2. Look at petitions.](https://reader036.fdocuments.us/reader036/viewer/2022070305/5514181c550346e7488b53c3/html5/thumbnails/13.jpg)
![Page 14: The U.S. Supreme Court. How do Supreme Court justices choose which cases to hear? 1. Look for broad, sweeping issues 2. Look at petitions.](https://reader036.fdocuments.us/reader036/viewer/2022070305/5514181c550346e7488b53c3/html5/thumbnails/14.jpg)
![Page 15: The U.S. Supreme Court. How do Supreme Court justices choose which cases to hear? 1. Look for broad, sweeping issues 2. Look at petitions.](https://reader036.fdocuments.us/reader036/viewer/2022070305/5514181c550346e7488b53c3/html5/thumbnails/15.jpg)
Meet the S.C. Justices!
![Page 16: The U.S. Supreme Court. How do Supreme Court justices choose which cases to hear? 1. Look for broad, sweeping issues 2. Look at petitions.](https://reader036.fdocuments.us/reader036/viewer/2022070305/5514181c550346e7488b53c3/html5/thumbnails/16.jpg)
Chief Justice John Roberts Jr.
• Appointed by President George W. Bush in 2006
• Conservative
• From upstate New York; educated at Harvard
![Page 17: The U.S. Supreme Court. How do Supreme Court justices choose which cases to hear? 1. Look for broad, sweeping issues 2. Look at petitions.](https://reader036.fdocuments.us/reader036/viewer/2022070305/5514181c550346e7488b53c3/html5/thumbnails/17.jpg)
Justice Antonin Scalia
• Appointed by President Reagan in 1986
• Conservative
• From New Jersey; educated by Georgetown and Harvard
![Page 18: The U.S. Supreme Court. How do Supreme Court justices choose which cases to hear? 1. Look for broad, sweeping issues 2. Look at petitions.](https://reader036.fdocuments.us/reader036/viewer/2022070305/5514181c550346e7488b53c3/html5/thumbnails/18.jpg)
Justice Anthony Kennedy
• Appointed by President Reagan in 1988
• Moderate
• From California; educated by Stanford and Harvard
![Page 19: The U.S. Supreme Court. How do Supreme Court justices choose which cases to hear? 1. Look for broad, sweeping issues 2. Look at petitions.](https://reader036.fdocuments.us/reader036/viewer/2022070305/5514181c550346e7488b53c3/html5/thumbnails/19.jpg)
Justice Clarence Thomas
• Appointed by President George H. Bush in 1991
• Conservative
• From Georgia; educated by Holy Cross College and Yale
![Page 20: The U.S. Supreme Court. How do Supreme Court justices choose which cases to hear? 1. Look for broad, sweeping issues 2. Look at petitions.](https://reader036.fdocuments.us/reader036/viewer/2022070305/5514181c550346e7488b53c3/html5/thumbnails/20.jpg)
Justice Ruth Bader Ginsburg
• Appointed by President Clinton in 1993
• Liberal
• From New York; educated by Cornell, Harvard, and Columbia
![Page 21: The U.S. Supreme Court. How do Supreme Court justices choose which cases to hear? 1. Look for broad, sweeping issues 2. Look at petitions.](https://reader036.fdocuments.us/reader036/viewer/2022070305/5514181c550346e7488b53c3/html5/thumbnails/21.jpg)
Justice Stephen Breyer
• Appointed by President Clinton in 1994
• Liberal
• From California; educated by Stanford, Oxford, and Harvard
![Page 22: The U.S. Supreme Court. How do Supreme Court justices choose which cases to hear? 1. Look for broad, sweeping issues 2. Look at petitions.](https://reader036.fdocuments.us/reader036/viewer/2022070305/5514181c550346e7488b53c3/html5/thumbnails/22.jpg)
Justice Samuel Alito Jr.
• Appointed by President George W. Bush in 2006
• Conservative
• From New Jersey; educated by Yale and Princeton
![Page 23: The U.S. Supreme Court. How do Supreme Court justices choose which cases to hear? 1. Look for broad, sweeping issues 2. Look at petitions.](https://reader036.fdocuments.us/reader036/viewer/2022070305/5514181c550346e7488b53c3/html5/thumbnails/23.jpg)
Justice Sonia Sotomayor
• Appointed by President Obama in 2009
• Moderate/Liberal
• Raised in the Bronx; educated by Princeton and Yale Law School
![Page 24: The U.S. Supreme Court. How do Supreme Court justices choose which cases to hear? 1. Look for broad, sweeping issues 2. Look at petitions.](https://reader036.fdocuments.us/reader036/viewer/2022070305/5514181c550346e7488b53c3/html5/thumbnails/24.jpg)
Justice Elena Kagan
• Appointed by President Obama in 2010
• Moderate/Liberal
• Raised in the New York City; educated by Princeton, Oxford and Harvard Law School
![Page 25: The U.S. Supreme Court. How do Supreme Court justices choose which cases to hear? 1. Look for broad, sweeping issues 2. Look at petitions.](https://reader036.fdocuments.us/reader036/viewer/2022070305/5514181c550346e7488b53c3/html5/thumbnails/25.jpg)
![Page 26: The U.S. Supreme Court. How do Supreme Court justices choose which cases to hear? 1. Look for broad, sweeping issues 2. Look at petitions.](https://reader036.fdocuments.us/reader036/viewer/2022070305/5514181c550346e7488b53c3/html5/thumbnails/26.jpg)