6.6 Supreme Court Processes

Supreme Court Processes

Lesson Overview

• Students Will Be Able To:
• Identify factors that influence Supreme Court decisions.
• Sequentially order the steps a Supreme Court case goes through.
• Characterize court decisions as examples of strict or loose constructionism.
• Explain an amicus curiae brief.
• Vocabulary-
• Amicus curiae brief, brief, concurring
opinion, dissenting opinion, holding, loose
constructionism, majority opinion,
petitioner, respondent, rule of four, strict
constructionism, writ of certiorari

Essential Question- How do Supreme Court justices decide cases?

Cases Reaching the Supreme Court

• Reminder- The Supreme Court only has original jurisdiction on a narrow range of cases
• Most of the cases they hear come from the appellate jurisdiction

• Important Supreme Court Words/Phrases:
• Petitioner- the party that has lost the earlier case and filed for an appeal
• Respondent- party that won the earlier case and wants the previous ruling to stand
• Rule of Four- the Supreme Court will only hear a case if 4 out of 9 justices agree to hear it
• Writ of Certiorari (ser-shee-oh-RAH-ree)- order by the Supreme Court to all lower courts to transmit the records of the case from them to review

How Does a Case Get to the Supreme Court?

The Process of the Court

• Brief- written document explaining someone's position to a court

Drag to correctly order the steps of the process of Supreme Court cases.

• A petitioner requests a writ of certiorari.

• The petitioner and respondent write briefs.

• The Supreme Court agrees to hear a case.

• The justices secretly discuss the case.

• Each side presents its case and answers justices' questions.

• The Supreme Court presents its decision.

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Drag to correctly order the steps of the process of Supreme Court cases.

• A petitioner requests a writ of certiorari.

• The petitioner and respondent write briefs.

• The Supreme Court agrees to hear a case.

• The justices secretly discuss the case.

• Each side presents its case and answers justices' questions.

• The Supreme Court presents its decision.

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Amicus Curiae (A-mih-cus CYUR-ee-ai) Briefs

• Amicus Curiae Briefs- are written by people
who have a strong interest in the case being
heard
• (Latin for – "Friend of the Court")
• idea behind these briefs is to influence the
judges' opinions on a case
• People and Interest Groups can file these briefs and they usually happen with cases that are divisive
(means people disagree with something)
• Example- Obergefell v. Hodges (2015)
• Holds the record for most amicus briefs filed with 28 in
total
• This case dealt with the Supreme Court saying that state
restrictions on same-sex marriages was unconstitutional

Imagine the Supreme Court is going to hear a case challenging the constitutionality of a law placing greater restrictions on gun sales. The National Rifle Association, a gun rights advocacy group, files an amicus curiae brief for
a case. Which content would likely be
in the brief?

Imagine the Supreme Court is
going to hear a case challenging the
constitutionality of a law placing greater restrictions on gun sales.
The National Rifle Association,
a gun rights advocacy group, files an amicus curiae brief for a case.
Which content would likely be in the brief?

Justices' Written Opinions

• Majority Opinion- explains the decision which a majority (at least 5) of the justices agree, it explains the legal reasoning
• Concurring Opinions- supports the majority opinion but explains a different reason that leads to the decision
• Dissenting Opinion- Justices who disagree with the majority opinion's decision explain their legal reasoning for opposing the decision
• Holding- this is the courts final decision

Supreme Court of the United States Procedures

Imagine that the Supreme Court justices have gotten very
enthusiastic about a lunchtime debate about whether a hot dog is a sandwich. They decide to make a ruling on the
question, and the court decides that a hot dog is a sandwich.
The justices write opinions explaining their reasoning.

Is a hot dog
a sandwich?

Is a hot dog
a sandwich?

Interpreting the Constitution

• Justices can differ based on how they interpret the
Constitution, there are two main ways-
• Strict Constructionism (SL)
• Loose Constructionism (LC)
• SL is when the focus is on the literal meaning of the text, there is nothing that is open to interpretation at all
• They think of the Constitution like a stone- strong and unmoving
• Example- Minnesota v. Carter (1998)- 4th Amendment Privacy only extends to an owners home, not a guest
• LC is when you interpret the Constitution through society's changing values and needs
• They think the Constitution is like a rubber band, flexible and adaptable
• Example-Obergefell v. Hodges (2015), the Constitution does not say anything about marriage but the 14th Amendment protects people's right to life, liberty, and property

Supreme Court Decisions & Precedents

• Precedents are the decisions made in earlier court cases and follow the principle of stare decisis "Let the decision Stand."

• The Supreme Court follows
precedent and can also make or
change precedent as well

• When the Supreme Court makes a precedent it apply to the Supreme Court and all lower levels of federal courts and state courts

Multiple Select

Why do Supreme Court justices often have differing opinions about the same case? (Choose the 3 that apply)

• Justices may use different sets of laws to make their decisions

• Justices may use different precedents to make their decisions

• Justices may differ in whether they believe an earlier court decision was correct

• Justices may have different methods of interpreting the Constitution

Essential Question- How do Supreme Court
justices decide cases?

• Petitioners write writs of certiorari to appeal cases, but few
cases reach the Supreme Court.
• Justices issue majority, concurring, and dissenting opinions.
• Briefs, constitutional interpretation, and precedents influence justices' decisions.

No cameras are allowed in the Supreme Court Chamber. This is a court artist's drawing of a hearing.