Supreme Court at Work

Lecture 14-3

Petition for Review

• Requests for review are made in briefs

• Only about 150 cases will be granted review each term

• What gets cert

– Cases where two Cts of Appeals have ruled differently

– Cases of broad national importance

– Any case that 4/9 Justices want to hear

• Several factors determine which cases will be heard

Briefs on merits

• Attorneys for opposing sides file briefs presenting their views on how the case should be decided

• Interested persons and group, themselves not parties to the case sometimes file amici curiae briefs

• The Solicitor general of the United States is the governments lawyer before the Supreme Court

Oral Argument

• Most cases are allotted one hour each

• It is unclear whether oral arguments change many mind

Conference and decision

• Argued cases are discussed and tentatively decided in a private conference

• The Court also uses conference time to grant and deny review in cases

Assignment and Writing of Opinions

• If the chief justice is not in the majority , the most senior associate justice in the majority makes the opinion-writing assignment

• The goal is an opinion of the court (majority opinion)

• Other type of opinions: concurring, plurality, dissenting

Influences on Supreme Court Decision Making

• Justices’ own political ideas

• Justices’ role perception

– Judicial Activist

– Judicial Restraint

• Precedents

• Briefs and oral argument

• Law reviews

• Collegial interaction

• Public Opinion

Checks on Judicial Power

• Constitutional Amendment

• Statutory Amendment

• Impeachment

• Withdrawing or altering jurisdiction

• Appointment of new justices

• Absence of compliance

• Absence of litigation