The Supreme Court

Jurisdiction Is the authority of the courts to hear certain

cases Under Constitution, federal courts have

jurisdiction in cases regarding› Federal law› Treaties› Interpretation of

the Constitution

Original Jurisdiction: have authority to hear cases for 1st time – lower courts› In federal system: district courts & S Court (in

limited cases)› Where trials are conducted, evidence presented,

juries determine outcome

Appellate jurisdiction: courts that hear reviews or appeals of decision in lower court› Court of Appeals & S Court

Concurrent jurisdiction: allows certain types of cases to be tried in either federal or state court

Structure of the Judicial System Constitutional Court: federal courts created

by Congress under Article III & S Court› Included: district courts, Court of Appeals, Court of

Appeals for Federal Circuit, U.S. Court of International Trade

Congress has created legislative courts to hear cases arising from powers given to Congress under Article I› Have narrower range of authority than

constitutional courts› (Territorial Courts, U.S. Tax Court, U.S. Court of

Appeals for the Armed Forces)

District Courts› Created under Judiciary Act of 1789› Serve as trial courts at federal level› Every state has at least 1 district court

Currently 94 districts› Have original jurisdiction; do not hear appeals› Decide civil & criminal cases arising under the

Constitution, federal laws, treaties› > 80% of all federal cases heard here

Courts of Appeals› Created 1891 to lessen work load of S Court› Decide appeals from district courts & reviews

decisions of federal administrative agencies› States divided into circuits, or geographic judicial

districts Washington DC Federal Circuit – hears cases involving federal

agencies 13 Courts of Appeals

› Appellate jurisdiction only May only review cases already decided by a lower

court› Panel of judges

Supreme Court› Only court actually created by Constitution› Highest court in federal judicial system› Final authority in dealing w/ questions from

Constitution, federal laws, treaties› Original and appellate jurisdiction

Most cases are on appeal Writ of certiorari grants – cases granted an appeal hearing

from lower federal courts Cases may come directly to S Court from:

State supreme courts Federal law or Constitution is involved Representatives of a foreign gov’t are involved Certain types of cases were a state is a party

› Congress established current size of S Court at 9 in 1869 8 associates, 1 chief

All nominated by president & confirmed by Senate Current members:

Chief: John Roberts (2005) Associates: Ruth Bader Ginsburg (1993), Stephen Breyer

(1994), Antonin Scalia (1986), Clarence Thomas (1991), Samuel Alito (2006), Anthony Kennedy (1988), Sonia Sotomayor (2009), Elena Kagen (2010)

Judicial Selection Federal judges appointed by president,

confirmed by Senate No formal qualifications Serve “during good behavior” generally

means life› To allow judges to be free from political

pressures when deciding cases› May be removed through impeachment,

conviction

Lower Courts› Dept of State & White House staff handle these

b/c of number of nominations› Senatorial courtesy: practice of allowing

individual senators who represent state where district is located to approve or disapprove potential nominees Traditionally used to make appointments to district

courts b/c Courts of Appeals cover several states, less

senatorial influence & senatorial courtesy doesn’t play a role in nomination process

Supreme Court› Higher visibility & importance demands greater

attention from president to nomination of justices Presidents only make an appointment if a vacancy

occurs during their term› Things presidents consider when making

appointments:

Party affiliation – choosing judges from own political party From FDR to G. W. Bush (except Ford) – 90% of lower federal

court judges came from own party

Judicial philosophy – appointing judges who share political ideology Constitutional precedent, judicial activism, legal writings, past

decisions

Race, gender, religion, region – bring balance to the court or satisfy certain segments of society Increasing number of minorities, women

Judicial experience – previous experiences as a judge in district, appeals, state courts

“litmus test” – ideological purity toward liberal or conservative stand on certain issues (i.e. abortion)

Acceptability – noncontroversial & therefore acceptable to members of the Senate Judiciary Committee & the Senate American Bar Association – largest national organization of

attorneys are often consulted by presidents, rates nominees’ qualifications

Interest groups – support/oppose nominee based on his/her position on issues of importance to interest group; use lobbyists

Justices – endorsements from members of S Court

› Contested S Court appointments 1987: Reagan nominated Robert Bork, the

assistant attorney general when Nixon fired Attorney General Elliot Richardson for not firing Archibald Cox, the special prosecutor hired to investigate Watergate Bork did fire Cox Bork conservative jurist & believed in judicial restraint But his involvement in Watergate and some of his views

about minorities and affirmative action led to rejection by Senate

Being “Borked” – appointee who does not get approved by Senate b/c of ideological reason

1991: G. H. W. Bush nominated Clarence Thomas Anita Hill accused Thomas of sexual harassment Confirmation brought conflict between president’s

constitutional authority to nominate person he feels best qualified

Narrowly confirmed 52-48

2005: Sandra Day O’Connor retired, G. W. Bush appointed John Roberts Roberts very experienced – had clerked for Rehnquist,

served on the DC Circuit Court, argued cases before the S Court

but then Rehnquist died, so Bush changed appointment to be the Chief Justice

Roberts described himself as “strict constructionist” Became youngest Chief Justice since John Marshall