Supreme Court 2023

The Supreme Court

of the United States

Draw

Draw Your Best Picture of What Rimmey Would Look Like with Claudio Sanchez' Hair

Multiple Choice

Congress has the ability to review and/or overturn all Supreme Court decisions

• True

• False

Poll

Should Congress have the ability to overturn Supreme Court decisions?

• Yes

• No

Multiple Choice

Members of the Court can be removed if they make "bad" judicial decisions.

• True

• False

Poll

Aside from impeachment for "high crimes and misdemeanors" should there be other remedies for removing court justices?

• Yes

• No

Statistics

According to a 2015 survey released by the Annenberg
Public Policy Center:

• 32% of Americans could not identify the Supreme Court

as one of our three branches of government,

• 28% believe that Congress has full review over all

Supreme Court decisions,

• 25% believe the court could be eliminated entirely if it

made too few popular decisions.

Inside The Supreme Court
Building

PART1: POWER/JURISDICTION
OF THE COURT

• Article III of the Constitution establishes the Supreme

Court as the this co-equal branch of the US government.

• In its early history the Court was not so prestigious. John

Jay retired from the Supreme Court to run for governor of
New York. He later declined Adams’ appointment as
Chief Justice

• The framers of the Constitution spent only two days

drafting and debating Article III

• When Pierre L’Enfant designed Washington DC he forgot

to plan for the Court building

• The Supreme Court didn’t have a permanent home until

1935

Multiple Choice

Which Article of the US Constitution gives the Supreme Court its power/authority?

• Article 1

• Article 2

• Article 3

• Article 4

Multiple Choice

The Supreme Court used to meet in the halls of Congress until 1935

• True

• False

The Scope of Judicial Power

• Judicial power is passive and reactive
• Hamilton called it “the least dangerous branch.”
• Power only to decidejudicial disputes

• A Dual court system

– Two court systems, state and federal, exist and operate at the same

time in the same geographic areas

Judicial Federalism: State & Federal Courts

• Cases must be ripe
• Cases cannot be moot
• Cases cannot be political

• Chief Justice John

Marshall’s 35 year tenure
shaped the Court into what
it is today, a strong check on
power, and protector of
liberty.

• Marshall’s pro-Federalists

decisions strengthened both
the Court and the national
government

• Marbury v. Madison

established the precedent of
judicial review

Multiple Choice

What is Judicial Review?

• The power of Congress to overturn actions of the Courts

• The power of the Courts to Overturn other court's decisions

• The Power of the Executive to overturn actions of the Courts

• The Power of the Courts to Overturn Congressional/ Executive Actions

Jurisdiction

• Original jurisdiction:

1) cases involving representatives of foreign
governments

2) certain cases between different states
• Appellate jurisdiction:

1) cases from the 12 US Courts of Appeals and
US Court of Appeals for the Federal Circuit
2) US Court of Military Appeals
3) cases from district courts regarding acts of
Congress
4) Appeals from state high courts on issues
of constitutional law.

Match

Match the following

• Original Jurisdiction

• Appellate Jurisdiction

• Jurisdiction

The Supreme Court is the FIRST court to hear it

The Supreme Court Cannot be the first court to hear it

Defines what kind of court can hear legal proceedings

• The Supreme Court is the FIRST court to hear it

• The Supreme Court Cannot be the first court to hear it

• Defines what kind of court can hear legal proceedings

PART 2: THE JUSTICES

The Justices

• The court currently has 8 justices and 1 Chief Justice
• The number of justices is determined by Congress.
• Justices are appointed for life or good behavior. They

can be impeached for “treason, bribery, or other high
crimes and misdemeanors.”

• No justice has ever been removed from the bench due to

an impeachment trial.

Labelling

Label the Justices Correctly

Drag labels to their correct position on the image

Sonya Sotomayor

Neil Gorsuch

Amy Comey Barrett

Clarence Thomas

Elena Kegan

John Roberts

Ketanji Brown Jackson

Chief Justice

Samuel Alito

Brett Kavanaugh

Why do they Serve For Life

Open Ended

What Constitutional qualifications exist for someone to become a Supreme Court justice?

The Justices

• There are no Constitutional requirements to serve as a

court justice

• However, most have been attorneys, and judges.
• In the 20th Century most justices have been appointed

from the ranks of the lower federal courts.

• As a group, they represent an elite segment of society.
• The only minorities (Thurgood Marshall, Clarence

Thomas) and the only women (Sandra Day O'Connor,
Ruth Bader Ginsburg, Elena Kagan, Sonya Sotomayor, Amy Comey Barrett, Ketanji Brown Jackson ) have been appointed

in the last 50 years.

Graphing

X axis = White Men

Y axis = Women and POC

Graph what you think that line looks like

Duties

• Duties of the court have evolved over the centuries. The

primary task is to hear and rule on cases.

• Three primary decisions made by justices:

1) which cases to hear
2) ruling on cases before the court
3) providing and explanation for ruling
(opinion)

• Ride the circuit
• The Chief Justice has the added responsibility of presiding

over the conference, and serve as administrator of the federal
court system

• Since 1882 clerks have assisted the justices

Appointing Justices

• Justices are nominated by the president and must be

approved by the Senate.

• The Senate Judiciary Committee holds hearings for the

nominee

• Once the committee completes its hearings it issues an

report to the full Senate with its recommendations.

• The full Senate then votes (by simple majority) to confirm

or reject the nominee.

• Senatorial courtesy does not apply to Supreme Court

nominees

Philosophies of Justices--Originalism vs Activism

Libe

ral

Conserva

tive

Activist

Self-Restraint

Scalia
Thomas

Breyer

Kennedy

Ginsburg

Alito

Roberts

Sotomayor

Scalia vs. Breyer

The Process of Judicial Selection

■ Submission of an appointee’s name to the Senate

Judiciary Committee

■ Hearings are held by the Senate Judiciary Committee
■ Nomination goes to the full Senate, where there is

debate and, if no filibuster, a vote

Senate Confirmation

Filibustering Court Nominees

■ Constitution requires only a majority vote of the senate to

“advise and consent” to a presidential nominee

■ 60 votes required to end a filibuster

The Politics of Appointing Federal Judges

•Do Judges Make Law?

•Adherence to Precedent - Stare Decisis

The rule of precedent, whereby a rule or law contained in a judicial
decision is commonly viewed as binding on judges whenever the same
question is presented

•Judicial Longevity and Presidential Tenure

•Reform of the Selection Process

•Changing the Numbers

•Changing the Jurisdiction

SECTION 3: THE COURT AT
WORK

Court Basics

• During a term, the Court sits for two weeks per month
• During these sittings, the Court hears oral arguments on

cases.

• Arguments are heard on Mondays-Wednesdays
• Thursday and Friday are reserved for conference. These are

meetings held in private chambers in which justices to decide
cases

• After two weeks of hearing cases, Court recesses. During the

recess justices write opinions and discuss what cases they
will consider in the future

• The Court hears only 5% of the cases appealed

How Cases Reach the Court

• The main road to the Supreme Court is by a writ of

certiorari

• A “cert” is an order from the Supreme Court to a lower

court to send records on a case for review.

• Certs are granted when attorneys for the case petition

the Court on the grounds that the case was mishandled
by the lower court or the case involves an important
Constitutional question.

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Writ of Certiori

Supreme Court

option

review

lower courts

How Cases Reach the Court

• 90% of all petitions for Certiorari are rejected

Why?

• The court may feel that the case has no real

Constitutional merit

• They may feel that another case pending will address the

issue more effectively

• They may not want to deal with a hot potato
• If the Court refuses to take the case, the lower court

decisions stands. Stare decisis – “let the decision
stand”.

Drag and Drop

​

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means ​

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Stare Decisis

let

decision

stand

How Cases are Selected

• Cases with merit are placed on a discuss list by justices

and their clerks, cases not making the list a remanded to
the lower courts

• Justices and their clerks review petitions for certiorari

while in recess.

• Friday afternoon justices discuss cases on the list, if 4 of

the 9 decide to take the case a writ of certiorari will be
issued (k.a. the Rule of Four)

• Lawyers in the case will be notified and send briefs to the

Court

Draw

How many justices have to agree to hear a case?

How Cases are Selected

• In some cases the justices will decide a case without

hearing oral arguments.

• During the Friday discussion justices can accept a case

and issue a per curiam opinion

• A per curiam (by the court) opinion is a decision made by

the court without hearing arguments or receiving new
information.

• Even though a per curiam is unsigned all courts are

bound by the decision.

• Usually involves a case where there was a clear

procedural error by the lower court.

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Steps in Deciding A Case:

Step 1: Submitting Briefs
• Once a case is accepted, lawyers must submit briefs to the

Court. A brief is a written statement that outlines the legal
arguments, facts of the case, precedents that support their
case

• Amicus curiae briefs may be submitted by parties not

directly involved in the case but have an interest in its
outcome. Example?

• Amicus briefs are filed by interest groups, government

agencies, or private citizens

• Amicus briefs are ways of lobbying or influencing the Court

Steps in Deciding A Case:

Step 2: Oral Arguments

• After briefs are received the case is placed on the docket
• Lawyer for each side are given 30 minutes to argue their

case. During this time justices are free to interrupt with
questions (time is not credited)
– COVID has changed the format and there is now time for

each justice when the lawyer is finished (both zoom and in
person in 2021)

• A light on the podium notifies the attorney when time’s up.
• Lawyers follow Court protocol, failure to do so often means

you can’t come back.

Steps in Deciding A Case:
Step 3: Conference

• Friday Conference. Justices debate cases for 6 to 8 hours. No

notes of the discussions are kept.

• The Chief Justice serves as moderator.
• Justices discuss their opinions on the case in order of

seniority.

• Each case is given about 30 minutes. The discussion on what

cases to consider in the future is often less than 5 minutes.

• Once discussion is closed, justices vote. 6 justices are

required for a quorum. If a tie occurs the lower court decision
stands

Steps in Deciding A Case:
Step 4: The Opinion

• In major cases the Court issues at least one opinion. The

opinion states the facts of the case, the Constitutional
questions, announces the Courts decisions and offers some
explanation.

• The opinion serves as the precedent for lower courts to follow

when deciding similar cases

• It also serves as a way for the Court to communicate to

Congress, the president, and state governments

Steps in Deciding A Case:
Step 4: The Opinion

• Four types of opinions:
1) Unanimous- all justices vote the same way
2) Majority
3) Concurring- when one or more justices have

other reasons for decision other than those
mentioned in the majority

4) Dissenting- opinion of justices on the losing

side. May serve as the precedent for cases in
the future

Match

Match the following

• Unanimous Opinion

• Majority Opinion

• Concurring Opinion

• Dissenting Opinion

• Concur in Part, Dissent in Part

A 9-0 decision, or where all of the voting justices agree

"The opinion of the court" when there is a split vote.

One justice writes why they agree with a side, but for a different reason

Justices write why they disagree with a side

The justice agrees and disagrees with parts of the decision made.

• A 9-0 decision, or where all of the voting justices agree

• "The opinion of the court" when there is a split vote.

• One justice writes why they agree with a side, but for a different reason

• Justices write why they disagree with a side

• The justice agrees and disagrees with parts of the decision made.

Limits on Court Power

• Types of issues- The Court has little influence

in the area of foreign policy.

• Rules for accepting a case:

1) Court will only consider cases where a
decision will make a difference. It will not give
advisory opinions (ruling on a law that has not
been challenged)
2) Plaintiffs must have suffered some real harm
3) Case must have a substantial federal
question
4) Courts typically refuse to hear cases of a
political nature

Limits on Court Power

• Limited control on the agenda- Court can only

deal with cases within its jurisdiction and when
plaintiffs bring a case. As federal laws change
so does the Court’s authority.

• Lack of enforcement power- Court has no

mechanism by which to enforce its decisions.
Most decisions are obeyed, others…

• Checks and balances- The president appoints

justices, Senate confirms nominees. Congress
has the authority to create all federal courts
below the Supreme Court as well as determine
the number of justices