Supreme CourtSupreme Court

Supreme CourtSupreme Court The The highest court in the landhighest court in the land !! !!

• Court of last resorts Court of last resorts

• Judicial ReviewJudicial Review Does not have to listen to cases that are Does not have to listen to cases that are

appealed to them. appealed to them. Only 4 justices have to Only 4 justices have to agree to hear the caseagree to hear the case. (. (Rule of FourRule of Four))

It’s rulings become law for the lower It’s rulings become law for the lower courts, police, and legislators must followcourts, police, and legislators must follow

What is the job of the Justices?What is the job of the Justices?

Judicial activismJudicial activism:: Some believe the Some believe the Court should use their power to right Court should use their power to right certain social injustices and use the certain social injustices and use the Constitution to answer various political and Constitution to answer various political and social questions… (what do you think?)social questions… (what do you think?)

Judicial restraint:Judicial restraint: The belief that the The belief that the Court should only rule on issues that are in Court should only rule on issues that are in violation of the Constitution. Staying away violation of the Constitution. Staying away from political and social questions. from political and social questions.

Who becomes a Judge?Who becomes a Judge?

Federal and State Judges, law Federal and State Judges, law professors or legal scholars.professors or legal scholars.

Appointed by the PresidentAppointed by the President of the U.S. of the U.S. and and confirmed by the Senateconfirmed by the Senate judiciary judiciary committee.committee.

9 (nine)9 (nine) Justices “sit on the bench” Justices “sit on the bench” Their Their term is term is for LIFEfor LIFE. They can be . They can be

impeached or retire. (avg. is 26 yrs)impeached or retire. (avg. is 26 yrs)

Supreme Court JusticesSupreme Court JusticesSalary is $213,900 for an Salary is $213,900 for an associate justice &associate justice & $223,500 $223,500

yearly for chief justiceyearly for chief justice..

John Roberts John Roberts 2005 2005 G.W. Bush G.W. Bush Samuel A. Alito Jr. 2006 Samuel A. Alito Jr. 2006 G.W. Bush G.W. Bush Anthony Kennedy 1988 Anthony Kennedy 1988 Reagan Reagan Antonin ScaliaAntonin Scalia 1986 1986 Reagan Reagan Clarence Thomas Clarence Thomas 1991 1991 Bush Sr. Bush Sr. Ruth Bader Ginsburg Ruth Bader Ginsburg 1993 1993 Clinton Clinton Stephen Breyer 1994 Stephen Breyer 1994 Clinton Clinton Sonia SotomayorSonia Sotomayor 20092009 ObamaObamaElena KaganElena Kagan 20102010 Obama Obama

Supreme Court Justice Yr. Appt. By Pres.

Biographies on the justicesBiographies on the justices

John RobertsJohn Roberts Chief JusticeChief Justice Court of Appeals Court of Appeals

D.C.D.C. 14 years in private 14 years in private

practice practice Appointed by G.W. Appointed by G.W.

Bush in 2005 at age Bush in 2005 at age 5050

Biographies on the justicesBiographies on the justices

Samuel A. Alito Jr.Samuel A. Alito Jr. 1987 – 1990 U.S. Attorney for 1987 – 1990 U.S. Attorney for

the District of New Jerseythe District of New Jersey 1999 – 2004 Adjunct 1999 – 2004 Adjunct

Professor of Law at Seton Professor of Law at Seton Hall University School of Law Hall University School of Law in Newark, New Jersey.in Newark, New Jersey.

served as a judge on the served as a judge on the United States Court of United States Court of Appeals for the Third Circuit Appeals for the Third Circuit from 1990 to 2006from 1990 to 2006

Appointed by G.W. Bush in Appointed by G.W. Bush in 2006 at age 552006 at age 55

Biographies on the justicesBiographies on the justices

Anthony KennedyAnthony Kennedy B.A. Stanford, London B.A. Stanford, London

School of EconomicsSchool of Economics 1963-75 LL.B. Harvard1963-75 LL.B. Harvard 1965-75 Prof. of 1965-75 Prof. of

Constitutional Law Constitutional Law McGeorge Law school.McGeorge Law school.

1961 Army Nat. Guard1961 Army Nat. Guard 1975 91975 9thth Circuit Court of Circuit Court of

AppealsAppeals Appointed by Pres. Appointed by Pres.

Reagan in 1988 at age Reagan in 1988 at age 5252

Biographies on the justicesBiographies on the justices Antonin ScaliaAntonin Scalia Harvard Law degreeHarvard Law degree U.S. Court of Appeals for U.S. Court of Appeals for

District of ColumbiaDistrict of Columbia ConservativeConservative Appointed by President Appointed by President

Reagan in 1986 at the Reagan in 1986 at the age of 50.age of 50.

Biographies on the justicesBiographies on the justices

Clarence ThomasClarence Thomas A.B Holy Cross CollegeA.B Holy Cross College 1974 J.D. Yale 1974 J.D. Yale 1974-77 Asst. Att. 1974-77 Asst. Att.

General MissouriGeneral Missouri 1982-90 EEOC Chairman1982-90 EEOC Chairman 1990 D.C. Circuit of 1990 D.C. Circuit of

AppealsAppeals Appointed by Pres. Appointed by Pres.

Bush in 1991 at age 43Bush in 1991 at age 43

Biographies on the justicesBiographies on the justices

Ruth Bader GinsburgRuth Bader Ginsburg B.A. Cornell Un.B.A. Cornell Un. LL.B. Columbia LawLL.B. Columbia Law 1959-61 Law Clerk1959-61 Law Clerk 1963-80 Law Prof. 1963-80 Law Prof.

Rutgers and ColumbiaRutgers and Columbia 1971 ACLU general 1971 ACLU general

councilcouncil 1980 D.C. Circuit of 1980 D.C. Circuit of

AppealsAppeals Appointed by Clinton in Appointed by Clinton in

1993 at age 601993 at age 60

Biographies on the justicesBiographies on the justices

Stephen BreyerStephen Breyer A.B. StanfordA.B. Stanford LL.B. HarvardLL.B. Harvard 1964 Law Clerk1964 Law Clerk 1967-80 Prof. Harvard1967-80 Prof. Harvard 1980-90 11980-90 1stst Circuit Circuit

Court of AppealsCourt of Appeals Appointed by Clinton Appointed by Clinton

in 1994 at age 56in 1994 at age 56

Biographies on the justicesBiographies on the justices

Sonia SotomayorSonia Sotomayor Yale Law SchoolYale Law School U.S. Court of U.S. Court of

AppealsAppeals Taught at Columbia Taught at Columbia

and New York and New York UniversityUniversity

Appointed by Appointed by Obama in 2009 at Obama in 2009 at the age of 55the age of 55

Biographies on the justicesBiographies on the justices

Elena KaganElena Kagan Harvard Law SchoolHarvard Law School Prof. at Univ. of Prof. at Univ. of

ChicagoChicago Dean at Harvard Law Dean at Harvard Law

SchoolSchool U.S. Court of AppealsU.S. Court of Appeals Appointed by Obama Appointed by Obama

in 2010 at age of 50in 2010 at age of 50

Reasons that a case goes to the Reasons that a case goes to the Supreme Court…Supreme Court…

““Writ of certiorari”Writ of certiorari” to make certain that to make certain that there was not an error in the lower there was not an error in the lower courtscourts Appealing a lower court ruling. This can Appealing a lower court ruling. This can

be done by either side of the case be done by either side of the case (whoever lost the case). (whoever lost the case).

Legal Costs of the cases Legal Costs of the cases $$$$$$

$100 application fee and $300 for a $100 application fee and $300 for a scheduling feescheduling fee

Lawyer fees, cost of providing the Lawyer fees, cost of providing the records from the lower courtsrecords from the lower courts

““informa pauperis”informa pauperis” in the manner of a in the manner of a poor person, the Supreme Court will poor person, the Supreme Court will waive the costswaive the costs

Legal Briefs contain..Legal Briefs contain..

Established precedent from prior Established precedent from prior rulingsrulings

Amicus Curiae=friends of the court Amicus Curiae=friends of the court They are powerful interest groups that They are powerful interest groups that want the court to decide the case in want the court to decide the case in their favor. Even though they are not their favor. Even though they are not directly involved in the case.directly involved in the case. They must get permission to write a curiae They must get permission to write a curiae

briefbrief

Opinions by the CourtOpinions by the Court

1.1. Majority opinionMajority opinion= expresses the opinion = expresses the opinion and reasoning that the majority of the and reasoning that the majority of the justices heldjustices held

2.2. Dissenting opinionDissenting opinion= express the opinion = express the opinion and reasoning that the Justice held and reasoning that the Justice held (went against)(went against)

3.3. Concurring opinionConcurring opinion= supports the = supports the majority but the decision by the Justice majority but the decision by the Justice was obtained in a different mannerwas obtained in a different manner

Project Topics:Project Topics: John Roberts John Roberts Samuel A. Alito Jr. Samuel A. Alito Jr. Anthony Kennedy Anthony Kennedy Antonin ScaliaAntonin Scalia Clarence Thomas Clarence Thomas Ruth Bader Ginsburg Ruth Bader Ginsburg Stephen Breyer Stephen Breyer Sonia SotomayorSonia Sotomayor Elena KaganElena Kagan Lemon TestLemon Test Judicial Activism & Judicial RestraintJudicial Activism & Judicial Restraint Amicus Curiae & informa pauperis Amicus Curiae & informa pauperis Sandra Day O’ConnorSandra Day O’Connor