6.6 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

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.