Judicial Review

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Judicial Review
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Ayers v. Belmontes (12-13-06)

• KENNEDY, J., delivered the opinion of the Court,
  in which ROBERTS, C. J., and SCALIA, THOMAS, and
  ALITO, JJ., joined. SCALIA, J., filed a
  concurring opinion, in which THOMAS, J., joined.
  STEVENS, J., filed a dissenting opinion, in which
  SOUTER, GINSBURG, and BREYER, JJ., joined.

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Ayers v. Belmontes (12-13-06)

• KENNEDY, J., delivered the opinion of the Court,
  in which ROBERTS, C. J., and SCALIA, THOMAS, and
  ALITO, JJ., joined. SCALIA, J., filed a
  concurring opinion, in which THOMAS, J., joined.
  STEVENS, J., filed a dissenting opinion, in which
  SOUTER, GINSBURG, and BREYER, JJ., joined.

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Randall v. Sorrell (6-26-06)

• BREYER, J., announced the judgment of the Court
  and delivered an opinion, in which ROBERTS, C.
  J., joined, and in which ALITO, J., joined as to
  all but Parts IIB1 and IIB2. ALITO, J., filed
  an opinion concurring in part and concurring in
  the judgment. KENNEDY, J., filed an opinion
  concurring in the judgment. THOMAS, J., filed an
  opinion concurring in the judgment, in which
  SCALIA, J., joined. STEVENS, J., filed a
  dissenting opinion. SOUTER, J., filed a
  dissenting opinion, in which GINSBURG, J.,
  joined, and in which STEVENS, J., joined as to
  Parts II and III.

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Randall v. Sorrell (6-26-06)

• BREYER, J., announced the judgment of the Court
  and delivered an opinion, in which ROBERTS, C.
  J., joined, and in which ALITO, J., joined as to
  all but Parts IIB1 and IIB2. ALITO, J., filed
  an opinion concurring in part and concurring in
  the judgment. KENNEDY, J., filed an opinion
  concurring in the judgment. THOMAS, J., filed an
  opinion concurring in the judgment, in which
  SCALIA, J., joined. STEVENS, J., filed a
  dissenting opinion. SOUTER, J., filed a
  dissenting opinion, in which GINSBURG, J.,
  joined, and in which STEVENS, J., joined as to
  Parts II and III.

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Opinions

• Describe History of Case
• Describe Precedent
• Stare decisis
• Reason by analogy
• Holding
• Becomes precedent
• Weight depends on majority v. plurality
• Examples

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What Matters

• Not Just Who Wins / Who Loses
• REASONING

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Focus on Judicial Review

• What Is It?
• Marbury v. Madison (1803)
• Judiciary Act of 1789
• John Marshalls Judicial Review Assumptions
• The Constitution is best reflection of popular
  will
• The Court can apply the law objectively

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Interpreting the Constitution

• Strict Construction
• Problems?
• Original Intent
• Problems?
• Living Constitution
• Problems?

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Factors in JudicialDecision-making

• Factors
• Law / precedent / stare decisis
• Attitudes / ideology
• Roll theory
• Small group theory
• Legal socialization
• What Does This Mean for Judicial Review?