Structure of the Federal Courts Supreme Choice

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Structure of the Federal Courts Supreme Choice

• Process Politics of Presidential
• Nominations
• to the
• Supreme Court
• Chapter 16, Themes B C

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Pop Quiz 16 Define each of the following terms

1. Using a blue slip to reject nominees from the
   state
2. Examination of a judicial nominees ideology
3. A case authorized as having legal merit
4. A petition to waive the filing fee
5. An order to send up records documents from
   lower courts
6. The Rule that the federal government cant be
   sued without its consent

• 1. Writ of certiorari
• 2. Litmus Test
• 3. Standing
• 4. In forma pauperis
• 5. Senatorial courtesy
• 6. Sovereign Immunity

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Exclusive Jurisdiction

• The Federal Court system has exclusive
  jurisdiction over
• Federal question cases involving the U.S.
  Constitution, federal law, or treaties
• Diversity cases involving different states, or
  citizens of different states
• The Federal District Courts have original
  jurisdiction over these cases. The SCOTUS has
  appellate jurisdiction over the District US
  Court of Appeals.

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The Federal Courts

• Federal District Courts
• Have original jurisdiction in most federal
  criminal civil cases.
• 94 districts, at least one per state.
• Nearest courthouse is Elizabeth City.
• Are work horses of the federal system. Most
  cases heard here.
• Only federal court where a jury trial is held.
  All others have bench trials.

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The Federal Courts

• US Court of Appeals
• 12 regular circuits, including 1 in D.C.
• Judges sit in panels of 3.
• Have only appellate jurisdiction. (Hear only
  appeals.)
• NC in Circuit 4, centered in Richmond, VA.
• The 13th circuit or Federal Circuit was created
  in 1982 in Washington, DC to hear civil appeals
  from several courts the Patent Office.

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US Judicial Circuits

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The Federal Courts

• Legislative Courts Help Congress
  exercise its power
• US Claims Ct. Hear money suits vs. US (Civil
  Court)
• US Tax Ct. Hear civil disputes with IRS (Civil
  Court)
• Ct. of Military Appeals Also called GIs
  Supreme Court (Criminal Appeals)
• Ct. of Veteran Appeals Hear disputes over
  benefits with the Dept. of VA (Civil Court)
• Territorial Courts Run like state courts.
  Territories are US Virgin Islands, Guam, Puerto
  Rico, N. Marianas Islands. (Criminal, Civil,
  Territorial Constitutional)
• DC Courts Run like municipal courts in most
  large cities. (Civil Criminal Courts)

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Appellate Jurisdiction Cases

• SCOTUS hears appeals from the 13 circuits of the
  US Court of appeals
• Usually after diversity of rulings between
  circuits
• Matters of public policy disputes
• Some cases that begin in state courts can be
  appealed to the Supreme Court
• Involves a constitutional question
• Involves a federal law
• Involves state court striking down a federal law

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State Route
Federal Route
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SCOTUS Original Jurisdiction

• Controversies between two state governments can
  only be heard by the Supreme Court
• Controversies involving foreign diplomats can
  only be heard by the Supreme Court
• Controversies between the US and a state
• See Chart!

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Figure 16.2 The Jurisdiction of the Federal
Courts
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Appointments to the Federal Bench

• Review process.
• What is senatorial courtesy when is it used?
• Counter to Constitution?
• When is this practice irrelevant?
• Why is appointing a Justice so scrutinized today?

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Analyzing Political Cartoons

• For each cartoon, discuss the following
• What is the message of the cartoon?
• Does this have a liberal, conservative or neutral
  slant?
• What events might have prompted this cartoon to
  be published?

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Political Cartoon ATitle The Supreme Court
Location
Mike Keefe, The Denver Post, Oct. 6,
2004 http//cagle.slate.msn.com/politicalcartoons/
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Political Cartoon BTitle High Stakes Supreme
Court Seat
February 19, 2016 http//bokbluster.com/
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Political Cartoon CTitle Qualifications
05/2009
www.frugal-cafe.com/public_html/frugal-blog
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Political Cartoon DTitle Supreme Court - 31
Flavors
Robert Ariail, The State, Aug. 10,
2005 http//cagle.slate.msn.com/politicalcartoons/

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Political Cartoon ETitle The Confirmation
Process
www.frugal-cafe.com/public_html/frugal-blog
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Political Cartoon FTitle Go My Pretties!
Henry Payne, The Detroit News, Aug. 11,
2005 http//cagle.slate.msn.com/politicalcartoons/

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Political Cartoon GTitle Supreme Court Exam
Jimmy Margulies, New Jersey -- The Record, Aug.
11, 2005 http//cagle.slate.msn.com/politicalcarto
ons/
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Political Cartoon HTitle Senate Republicans
rule out action
Posted on February 23, 2016 www.ncrenegade.com
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Factors That Influence Supreme Court Nominations
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Factors That Influence Supreme Court Nominations

• Party affiliation (80 or higher)
• Judicial Philosophy
• Litmus Test- where nominees stand on
  controversial issues like abortion
• Background of nominee (education, experience,
  race, gender, ethnicity, etc.)

• Cultivating political support
• Political favors
• Interest group input
• American Bar Association certification
• Securing a safe nominee

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The U.S. Constitution and the Appointment of
Supreme Court Justices

• Article II, Section 2 describes the appointment
  powers of the President
• He shall have Power, by and with the Advice
  and Consent of the Senate to nominate Judges of
  the Supreme Court.

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U.S. Supreme Court Confirmation Process
Stage 2 Senate Judiciary Committee Hearing
Stage 3 Full Senate Vote
Stage 4 Oath of Office?
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U.S. Supreme Court Confirmation Process

1. White House staff reviews candidates and submits
   a short list to president
2. FBI background investigation
3. Candidates submit financial disclosure forms
4. ABA grades candidates
5. Interest groups weigh in on candidates
6. President selects nominee

Stage 1 Presidential Nomination
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U.S. Supreme Court Confirmation Process
Stage 2 Senate Judiciary Committee Hearings

1. Senate Judiciary members and their staffs review
   candidates background (may conduct own
   investigation)
2. Interest groups may conduct campaigns for or
   against nominee (including TV ads)
3. Intense media attention to Senate hearings
4. Senate Judiciary Committee questions candidate on
   judicial philosophy, stands on key issues, etc.
5. Judiciary Committee votes up or down on nominee
   and sends recommendation to full Senate

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U.S. Supreme Court Confirmation Process
Stage 3 Full Senate Vote

• Floor debate on nominee
• Confirmation vote by full Senate

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U.S. Supreme Court Confirmation Process
Stage 4 Oath of Office

1. If confirmed by the Senate, nominee sworn in,
   usually by Chief Justice
2. Once on the Court, justices often make decisions
   on the bench very different from what the
   nominating President had anticipated

independent judiciary
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Sowhat happens with just 8?

• If the SCOTUS ends in a tie, the appellate
  courts decisions stand. This is a form of stare
  decisis.
• If you have 2 different rulings in 2 different
  circuits, the law may be applied differently in
  those areas.
• If the Senate goes out of session for more than 3
  days, Pres. Obama could do a recess appointment.
• Pres. Obama has nominated Merrick Garland, but
  the Senate refuses to give a hearing.

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I will take this case all the way to the Supreme
Court

• Start 1st Monday in October and runs through June
  (36 weeks).
• Rule of Four to hear a case
• Annual docket submissions8,000 cases
• Fewer than 100 heard or reviewed, only 75-80
  written opinions/year
• 300 filing fee
• In forma pauperis outnumber 3-1
• Quorum 6

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Why so few cases to SCOTUS?

• Expensive What kinds of costs are involved?
• In forma pauperis cases more common
• Fee shifting (esp. Section 1983 cases) increasing
• Standing Controversy, harm remedy
• Taxpayers have limited rights
• Sovereign immunity rare
• Lengthy Process can take years!
• Class Action lawsuits now limited by rules

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Assignment

• Read pp. 455-463. Take notes on process of
  hearing cases and focus on the powers and limits
  of the Courts. Also, take down important
  vocabulary cases relating to the topics. Due
  Tuesday!
• Be working on templates. See website your
  e-mail for instructions, rubric, template, and
  list of cases by subject. These are due shared no
  later than 300 on April 15th!