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1

Federal Jurisdiction is defined in what Art/Sec

Art 3 Sec 2: gives federal jurisdiction to hear cases and controversies that involve:

Questions of federal Law

Cases were US is a party

Cases involving disputes between citizens of different states

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2

Questions of federal law include

constitution

federal statutes

treaties

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3

Judiciary Act of 1925

What is it and what is it’s other name?

Certiorari Act

  • gives the supreme court discretionary appellate jurisdiction over almost all cases

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4

compelling reasons for granting writ of certiorari

  • decision involves an important federal question

  • decision create major conflict with other court decisions

  • decision conflicts w/ a prior SC decision

  • case has no procedural defects

    • “good vehicle” that presents a clear case or controversy

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5

why is the court a mirror

the cases are the issues of the day

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6

cert pool

justice pool their law clerks to consider cert petition

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7

rule of 4

court will take a case if 4 justices want to hear it

  • today more like 5 votes

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8

role of the junior justice

answers the door and takes notes to relay to the clerk after the meetin

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9

in conference what order do the justices speak and vote in

seninority

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10

in final debilitations what order do the justices vote in

junior to senior

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11

Discuss List

when a justice advocates for a case to be heard

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12

Dead List

where the petitions go if no justices want to discuss the case

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13

if the justices can not agree (rule of 4) they can

postpone the decision and rebring up the petition again in a later conference

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14

discretionary appellate review

  • requires decision of lower court

    • 99% of the modern court docket

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15

mandatory

appeals statue, issues of redistricting, voting rights, and election laws

  • more than 10 cases this decade

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16

original jurisdiction

state v state cases

  • what the states could go to war over w/out the SC

  • 200 in nation’s history

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17

out of the 9000 petitions filed, how many does the Court decide after briefing and oral argument

70

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18

why petitions are denied

lacks adverseness

is brought by parties who lack “standing to sue“, poses issues that are

  • not “ripe“

  • involves “political question“

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19

cert pool

pooling of clerks in screening process of petitions

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20

stare decisis

“let the prior decision stand“

  • enforces certainty, uniformity, and stability of the law

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21

when does the term start and stop

Start: Oct 2022

End: June 2023

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22

according to Justice Breyer, what are the two great unwritten rules at conference

no one speaks twice before everyone speaks once

tomorrow is another day

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23

amicus curiae brief

a friend of the court, a person not a party to litigation who volunteers or is invited by the court to give his or her view on a case

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24

SG Solicitor General’s Office

  • represents the federal government

    • they screen all federal appeals and petitions (federal jurisdiction) and decide what should be taken to the court

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25

SG tactical advantage

  • selects cases from all over the country and only takes the ones they think are most likely to win the Courts Approval

    • they have intimate knowledge of the justices

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26

SG is often referred to as

the court’s nine and half member

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27

what number of SG petitions are granted

70%

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28

what day does the supreme court here first oral argument of the term?

the first monday of Oct

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29

original jursidiction

the jurisdiction of the court first instance, or trial court

  • the SC has original under Art 3 of the constitution

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30

who writes the syllabus

written by a reporter, not affliated with the court

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31

once the court grants Cert, what happens

full (plenary) review - 70 cases per term

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32

What are their options to dispose of a case w/out full plenary review

Grant Vacate and Remand (GVR)

Summary Reversal

Summary Decision

Dismiss as Improvidently Granted (DIG)

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33

Grant Vacate and Remand (GVR)

usually if something happened aster the lower court decision that could change the outcome of the case

  • changing the outcome of a case without hearing oral argument

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34

Summary Reversal

usually when lower court make serious error of law

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35

Summary decisions

usually in mandatory appeals

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36

Dismiss as Improvidently Granted (DIG)

Oops

  • taking back the granting of Writ of Certiorari

  • case will enter the “dead list“

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37

Shadow Docket

the emergency docket

  • substantive emergency actions decided outside the court’s ordinary process

    • requires a request for fast action bc of an emergency

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38

is the shadow docket new?

in a way

  • used to only grant emergency in death penalty cases

    • 2014, when the trial courts began granting more nationwide injunctions

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39

how many shadow dockets did Trump request/get heard

28/41 times

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40

Today’s “Circuit Riding“

emergency motion assignments

  • justices are assigned certain states, individual practice for the most part

    • if they are not certain about what should be the outcome , they can suggest the case is hear by the whole court

      • normally based of home state, but can be assigned any group of states

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41

whats the fuss about Shadow Docket (disliked)

decisions lack process and transparency

they are consequential

they are inconsistent

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42

Gideon v Wainright

established the right to counsel for indigent in all felony cases

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43

litigants

  • original “Joe Citizen“ who as the SC to fight issues of private rights (majority of cases)

    • Political Litigations (10 per yer) seeking to change the law for everyone

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44

Political Litigations of the Court

NAACP Legal Defense Fund

  • Thurgood Marshall

ACLU

  • Ruth Bader Ginsburg

DC v. Heller

  • Robert Levy

Students for Fain Admission v. Harvard & UNC

  • Edward Blum

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45

At what point in the decision making process do the justice’s votes on cases become final

when the justices agree the opinion is final

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46

What factor is not important to the justices on granting a petition

whether the SC decision will be popular

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47

According to Rehnquist, which is not a main function of the SC

Deciding emergency motions

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48

scheduling process

after a case is selected, they set briefing date

  • justices move slowly, focusing on getting the case right

  • takes 4-6 months to set case for oral argument

    • parties need to file briefs, paperwork, and Justices need time to read all additional docs

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49

Arguments

Months/ cases/ frequence

October, November, December, Jan, Feb, March, April

  • 2 cases a day

    • 6 days a week

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50

Purpose of Oral Argument

Justices need to ask questions about briefs and case content (only time basically)

Justices are not talking about cases together, until that time (haven’t been the 9 and that cases sense decisions about writ)

Adds to Justices decision

Provides a sense that both sides were given full chances to discuss their issues

  • fair, honest, careful

    • rule of law

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51

The current time limits for oral argument were set in the 1970s, since the 1970 how much time is each side typically allotted to argue their case

30 mins

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52

why does the court sometimes hear oral arguments in an expedited fashion

when the case is about pressing info

  • serious unconstitutional actions

    • elections

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53

Who argued Dartmouth College v Woodward and Gibbons v. Ogdens before the SC

Daniel Webster

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54

according to Sotomayor, what are the two purposes of oral argument

for lawyers to clarify misunderstandings

for justices to hear what bothering the other (in the Q that are being asked)

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55

According to Kagan, what is the point of justices questions?

they are making points to their colleagues

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56

According to Breyer, what % of cases does oral argument change the result

“significant“

more than 5%

less than 10-15%

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57

file printed briefs

since 1829

  • rule 33

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58

petitioners

person who lost, sent the petition to get there (happy)

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59

Respondent

the party who won in the lower court (angry)

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60

white

petition of cert

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61

orange

respondent’s oppoosition to petition for cert

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62

tan

petitioner’s reply breifs

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63

blue

petitioner’s briefs on merits

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64

red

respondents brief on the merits

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65

yellow

petitioner’s reply briefs on the merits

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66

green

by amici (friends of the court)

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67

belva lockwood

first women to argue in SC

  • in the 1800s

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68

Today male to female arugments

male: 132

female: 40

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69

bench shape

straight bench: justices would interrupt each other

Burger bent the bench

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70

hot bench

bf covid, interrupting each other, consistently asking more questions

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71

oral argument etiquette

be polite, forthright, and direct

be careful about using homer

present a memorable conclusion

be ready to answer questions, don’t interrupt justices, know the justices names

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72

Oral Arguments during covid

phone calls

  • Chief Justice Roberts would call on one justice at a time, then they could ask questions for 2 min

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73

After covid

they give Justice Thomas 2 mins in the beginning to ask questions

then back to the hot bench

  • each justices gets time now to ask a question without being interrupted

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