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Assess the limits on judicial action and the role of the judiciary in a constitutional democracy.

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Trace the process by which Supreme Court decisions are reached and assess influences on the process.

EIGHT STEPS TO JUDGEMENT

1. Reviewing Appeals

Writ of certiorari

in forma pauperis

Can come from federal or state courts.

2. Granting the Appeal

How does a case get on the docket?

RULE OF FOUR

Does denying a writ of certiorari imply agreement or disagreement?

3. Briefing the Case

Who writes the briefs?

What is in the briefs?

amicus curiae briefs

4. Holding the Oral Argument

informally formal

5. Meeting in Conference

completely private?

6. Explaining the Decision

Dissenting opinion

Concurring opinion

7. Writing the Opinion

Who writes the opinion?

8. Releasing the Opinion

Unanimity and Brown v. Bd. of Ed.

INFLUENCES ON THE COURT

The Chief Justice

Is he president of the Court?

Law Clerks

The Solicitor General

Citizens & Interested Parties

"Decisions involving civil liberties are particularly likely to result in amicus participation."

AFTER THE DECISION

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Analyze the factors that play an important role in the selecting of judicial nominees.

"...And making the proper deductions for the ordinary depravity of human nature, the number must still be smaller of those who unite the requisite integrity with the requisite knowledge." ---A. Hamilton

Washingtonian precedents:

ideological allies

state representation

Senatorial courtesy.

Selecting a SCOTUS justice

West Wing "The Supremes"

Senate judiciary committee (why?)

Judicial Activism & Judicial Restraint

Can one person want both?

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Level one: District Courts--TRIAL courts

Level two: Circuit Court of Appeals

Level three: Supreme Court

"the court of last resort" (hey that rhymes)

STATE COURTS

formatted in similar ways

try the vast majority of cases in the US

When can federal courts intervene in the state court system?

Application of the Bill or Rights or Federal law

Writ of Habeas Corpus jurisdiction.

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“least dangerous to the political rights of the Constitution.” --Federalist #78

Why is the judicial branch referred to as the "balancing branch?"

Differences between civil and criminal law

adversarial

Is a plea bargain fair?

Why is the judiciary referred to as the passive branch?

Justiciable disputes

"The federal judiciary has also been reluctant to hear disputes on powers the Constitution explicitly assigns to Congress or the president."

Attorney General

Solicitor General