Transcript Chapter 12: Supreme Court Decision Making

Section 1: The Supreme Court at Work
Section 2: Shaping Public Policy
Section 3: Influencing Court Decisions
How
does the
Supreme Court
determine which
cases it will hear
and the outcome
of the each
case?
1.
2.
Explain how certain cases reach
the courts
Evaluate the steps the Court
takes in determining the
outcome of a case
The Supreme Court at Work
 http://www.youtube.com/watch?v=pyqE
APYnhjk
 http://www.pbs.org/wnet/supremecourt/
 Watch
1.
2.
3.
three videos on this site:
Creation of the Courts
Showdown
You have the right to remain silent
1) WRIT OF CERTIORAI
 An
order from the
Court to a lower court
to send up the
records
 Lower court has
either made an error
or a constitutional
issue is raised
2) APPEAL
 Decision
of lower
federal or state court
has been requested
to be reviewed
 http://www.youtube.com/watch?v=w3un
c4-EuLg
 Please
watch this video.
 Appointed
by the
President and
represents the federal
government before
the Supreme Court
 Determines
whether
the Federal
government should
appeal lower courts
decisions to Supreme
Court
Who
is the solicitor
general of the United
States?

“Rule of Four”- only
four of nine justices
need to agree to hear a
case
Per Curian Opinionbrief, unsigned
statement of the
Court’s decision
 Occurs when court
rules without consulting
new information

 http://www.youtube.com/watch?v=Udue
9DlK3hg
Brief- written statement
setting forth the legal
arguments, relevant
facts, and precedents
supporting one side of a
case
 Amicus Curiae- briefs
written by individuals,
interest groups, or
government that have
useful information for
the court to consider

 After
briefs
lawyers from each
side present oral
arguments before
the court MondayWednesday
 They
usually last
30 minutes
 http://www.youtube.com/watch?v=UJQ7
Ds4nAmA&feature=relmfu
 Chief Justice John Roberts on Oral
Arguments
 Justices
meet
Wednesday and
Fridays
A
tradition is they
shake hands
 The
conference
meetings are secret
A
majority must be in
agreement to decide
a case, and at least 6
must be present.
 http://www.youtube.com/watch?v=SrrN
QgbfIww
 Justice Kennedy on Court Conferences
 Opinion-
written
statements on cases
they have already
decided
 States
the facts of the
case, announces the
Court’s ruling, and
explains its reasoning
in reacing the
decision
1.
Unanimous- all justices vote the same
way.
2.
Majority- expresses the views of the
majority of the justices on a case
3.
Concurring- Agree with majority’s
decision but have a different reason why
4.
Dissenting- opinion of justices on the
losing side in a case
 http://www.youtube.com/watch?v=u9_w
AVxKO1o
 Opinions and the Obama Healthcare Law