Notes: The Supreme Court (SCOTUS)

Learning Objectives

• Analyze the structure and features of the Supreme Court.
• Understand how the Supreme Court selects cases.
• Discuss the Court's processes and procedures.

Structure of the Supreme Court

• Composition: 9 Justices since 1869 (1 Chief Justice, 8 Associate Justices).
• Appointments: Nominated by the President, confirmed by the Senate.
• Tenure: Lifetime service.
• Diversity: Gender, religion, ethnicity, ideology, and tenure.
• Current Composition (as of June 2021):
  • 6 Conservatives: Chief Justice Roberts, Justices Thomas, Alito, Gorsuch, Kavanaugh, Barrett.
  • 3 Liberals: Justices Breyer, Sotomayor, Kagan.

Role of Supreme Court Clerks

• Clerkship Experience: Highly sought-after legal positions.
• Responsibilities:
  • Review cases and make hearing recommendations.
  • Prepare for oral arguments.
  • Research and draft judicial opinions.
  • Handle emergencies, like death sentence stays.

Case Selection Process

• Annual Session: Begins first Monday of October, ends late June.
• Case Acceptance: Less than 2% of 10,000 cases reviewed annually.
• Rule of Four: Four justices must agree to hear a case.
• Factors Influencing Case Selection:
  • Conflicts among lower courts.
  • Interest group activity and media attention.
  • Recommendations from the solicitor general.

Role of the Solicitor General

• Represents the federal government in Supreme Court cases.
• Decides which cases to appeal.
• Prepares and files petitions and briefs.
• Sometimes influences Court decisions significantly (e.g., same-sex marriage ruling).

Supreme Court Procedures

• Docket Preparation: Submission of briefs by petitioner and respondent.
• Amicus Curiae Briefs: Filed by interested parties including interest groups and the solicitor general.
• Oral Arguments: Last 30 minutes each side, justices may interrupt with questions.
• Decision-Making: Private conferences to discuss and vote on cases.
• Public Access: Oral arguments are public but lack camera coverage.

Additional Resources

• Supreme Court official website for recent case information.
• Oyez and SCOTUS blog for unofficial case summaries and news.