US Supreme Court Judiciary

Judicial Review

Power of courts to declare laws or executive actions unconstitutional; established in Marbury v. Madison.

Justiciability

Doctrine determining whether courts can hear a case; includes standing, ripeness, mootness, and political question doctrine.

Standing

Plaintiff must show direct and concrete injury to bring a case to court.

Ripeness

A case must involve an actual, current dispute rather than a hypothetical future issue.

Mootness

Courts will not hear cases where the issue has already been resolved or is no longer relevant.

Political Question Doctrine

Courts avoid cases better handled by political branches such as foreign policy or impeachment.

Stare Decisis

Doctrine of following precedent to maintain legal stability and predictability.

Certiorari

Process by which the Supreme Court chooses cases to hear.

Rule of Four

Four justices must vote to grant certiorari for the Court to hear a case.

Shadow Docket

Supreme Court decisions issued without full briefing or oral argument, often emergency rulings.

Judicial Independence

Judges are insulated from political pressure through life tenure and salary protection.

Filibuster

Senate procedure allowing extended debate to block legislation; can be ended by cloture with 60 votes.

Blue Slips

Senate tradition allowing home-state senators to approve or block lower federal court nominees.

Jurisdiction Stripping

Congressional power to remove certain types of cases from federal court jurisdiction.

Power of the Purse

Congress's authority to influence institutions by controlling funding.

Amicus Brief

'Friend of the court' brief filed by groups not party to a case but interested in the outcome.

Executive Privilege

Presidential power to withhold confidential communications from other branches.

Presidential Immunity

Legal protection shielding presidents from certain lawsuits related to official actions.

Right to Privacy

Constitutional principle inferred from several amendments protecting personal decisions.

Merit System

Judicial selection system emphasizing professional qualifications rather than politics.

Retention Election

Election where voters decide whether a judge should remain in office.

Folkways

Unwritten traditions that influence political behavior and institutions.

Committee Hearings

Senate Judiciary Committee questioning of judicial nominees before confirmation.

Lobbying

Interest groups attempting to influence legal or political decisions.

Lagging Court

Theory that courts tend to follow public opinion rather than lead social change.

New Deal

Series of economic programs under Franklin D. Roosevelt; triggered major Supreme Court conflicts over federal power.

Pregnancy Discrimination Act (1978)

Law banning workplace discrimination based on pregnancy; overturned General Electric v. Gilbert.

Flag Protection Act of 1989

Federal law banning flag desecration; struck down after Texas v. Johnson protected flag burning.

Religious Freedom Restoration Act (RFRA)

Law requiring strict scrutiny for laws burdening religion; response to Employment Division v. Smith.

Sedition Act of 1798

Law criminalizing criticism of the federal government; early conflict over free speech.

Patriot Act (2001)

Expanded federal surveillance powers after 9/11; raised civil liberties concerns.

No Kings Act

Concept emphasizing limits on executive authority and preventing unchecked presidential power.

9th Amendment

States that the listing of rights in the Constitution does not deny other rights retained by the people.

11th Amendment

Limits lawsuits against states in federal courts; establishes sovereign immunity.

14th Amendment

Contains Due Process and Equal Protection clauses; foundation for many civil rights decisions.

16th Amendment

Allows Congress to levy a federal income tax.

26th Amendment

Lowered the voting age in the United States to 18.

Flag Protection Amendment (Proposed)

Proposed constitutional amendment allowing prohibition of flag desecration.

Marbury v. Madison (1803)

Established judicial review and the Supreme Court's power to declare laws unconstitutional.

Texas v. Johnson (1989)

Held that flag burning is protected speech under the First Amendment.

Employment Division v. Smith (1990)

Neutral laws of general applicability can restrict religious practices.

City of Boerne v. Flores (1997)

Limited Congress's power to enforce RFRA against the states.

Korematsu v. United States (1944)

Upheld Japanese-American internment during WWII; widely criticized today.

Youngstown Sheet & Tube Co. v. Sawyer (1952)

Limited presidential emergency power by ruling Truman's steel seizure unconstitutional.

Hamdi v. Rumsfeld (2004)

U.S. citizens detained as enemy combatants must have due process rights.

Clinton v. Jones (1997)

President not immune from civil lawsuits for actions taken before office.

Obergefell v. Hodges (2015)

Legalized same-sex marriage nationwide under the 14th Amendment.

Grutter v. Bollinger (2003)

Allowed limited use of race in university admissions for diversity.

Plyler v. Doe (1982)

States cannot deny public education to undocumented children.

Betts v. Brady (1942)

Ruled that states did not have to provide counsel to all criminal defendants.

Gideon v. Wainwright (1963)

Overturned Betts; established right to counsel for criminal defendants.

Kyllo v. United States (2001)

Thermal imaging of a home without a warrant violates the Fourth Amendment.

Georgia v. Randolph (2006)

Police cannot search a home if one present resident refuses consent.

King v. Burwell (2015)

Upheld Affordable Care Act subsidies on federal exchanges.

Tinker v. Des Moines (1969)

Students retain free speech rights in school if not disruptive.

Baker v. Carr (1962)

Legislative apportionment cases are justiciable.

Harriet Miers

George W. Bush Supreme Court nominee who withdrew after political opposition.

Newt Gingrich

Former Speaker of the House who advocated limiting federal court power.

Samuel Chase

Supreme Court justice impeached but acquitted; strengthened judicial independence.

Richard Nixon

President central to debates over executive privilege during Watergate.

Allison Orr Larson

Legal scholar studying factual claims and evidence used in Supreme Court decisions.

Marc Galanter

Legal scholar known for 'Why the Haves Come Out Ahead' theory about repeat players in litigation.

John Roberts

Current Chief Justice of the United States Supreme Court.

Clarence Thomas

Associate Justice known for strong originalist constitutional interpretation.

Samuel Alito

Associate Justice with conservative judicial philosophy; authored Dobbs decision.

Sonia Sotomayor

Associate Justice; first Latina on the Supreme Court.

Elena Kagan

Associate Justice and former U.S. Solicitor General.

Brett Kavanaugh

Associate Justice appointed in 2018 with textualist/originalist views.