POLS 227 Exam 2-Relations with the Federal Judiciary

Three components of the federal judiciary

SCOTUS-13 appellate courts- 94 district courts

Judges three main judicial considerations

Legal norms and principles, ideological convictions, concerns about their institutional legitimacy

Three steps to rendering decisions

Use basic legal expertise, 2. Determine relevant portions of the constitution for case 3. Decide whether there is a conflict between 1 and 2

Stare decisis

Judicial principle “to stand by things already decided,” requirement to carefully weigh decisions made by predecessors in similar cases

Attitudinal vs legal model

Attitudinal model-judges base their decisions off ideological convictions, vs legal model-legal considerations

Why does the attitudinal model seem logical?

Judges are not beholden to the public (lifetime appointment) so we would expect them to be free to consistently act in line with their ideology

How might the political question doctrine be used to advance a judges’ legal, political, and institutional interests?

Legal-can stick with deciding cases they believe they have a role in

Political-revert to the executive branch decision by not deciding the case

Institutional-decision to not hear a case can protect the institution’s legitimacy

Why is the cult of the robe a problem for the judiciary?

Courts overturn past cases, are their decisions really inviolable?

ACA ruling

SCOTUS 2012 ruled that the ACA is constitutional-individual mandate and required state Medicaid expansion were at stake

Why was the ACA ruling politically significant?

Just months before the election, landmark piece of legislation, healthcare is controversial, split 5/4

Marbury v. Madison-executive agencies

Set standard that it’s up to Congress to review executive agencies

Zone of Twilight

3 pronged test-when Congress has explicitly prohibited an act president’s powers are weakest, when expressly granted pres authority is greatest, when presidents act without Congressional authorization they are in the zone of twilight, subject to judicial review, this can expand presidential power

Chevron USA v. NRDC

The Natural Resources Defense Council (NRDC) challenged the Environmental Protection Agency's (EPA) "bubble policy," which defined "stationary source" to include all pollution-emitting devices within an industrial plant. The EPA's rule allowed a plant to modify one piece of equipment without a new permit as long as total plant emissions did not increase. NRDC argued that each source should require a new permit, SCOTUS sided with EPA. Established chevron defense (not in effect now). 

Loper Bright Enterprises v. Raimondo (2024)

Courts are now required to independently interpret statutory provisions and cannot simply defer to an agency’s interpretation

US v. Nixon reasoning

Court argued that article III gives them the authority to determine what law is and isn’t. Reinforced declaration that court can overrule actions by other branches that violate the constitution, sought to reduce scope of executive privilege

What does an executive order need to have to be considered legal?

Take place within the context of a law, cannot clearly violate a law’s provisions, comply with a president’s “take-care” clause

Administrative Procedures Act of 1946

Authorizes federal courts to review administrative action for compliance with APA and set aside agency action deemed unlawful:

1. Arbitrary, capricious, abuse of discretion, or otherwise not in accordance with law.

2. Contrary to constitutional right, power, privilege, or immunity.

3. Excess of statutory jurisdiction, authority, or limitations

4. Ignores procedure required by law

What level are APA cases usually decided at?

District court level

Nondelegation doctrine

Congress cannot relinquish its core legislative powers to executive agencies

Panama Refining Co. v Ryan (1935)

The President can’t prohibit intrastate trade

Presidential immunity

Presidents are protected from civil suits resulting from official actions taken while president, but not criminal cases or civil cases from before they took office (Trump v. US)

Trump v. Vance

No presidential immunity from state criminal subpoenas, president isn’t above the law more generally

How many New Deal acts were struck down from 1935-1936?

8

What percent of judges are registered with the same party as the president who appointed them at the time of appointment?

90 percent

What is the most important factor in determining a judge’s decision?

Ideology-80% of civil rights cases

2000 Election

Florida was too close to call, FL secretary of state tried to declare Bush as winner, FL SC blocked this, Bush sued, SCOTUS ruled in favor of Bush, that the FL interpretation should be left as is, some argue this started SCOTUS being involved in politics

The Hollow Hope-Gerald Rosenberg

Judiciary is weak because it isn’t “self-executing,” relies on other branches

What established the political question doctrine?

Marbury v Madison

Political question doctrine cases are usually ___ for the president

Good

Goldwater v. Carter

Goldwater sued when Carter tried to break off a treaty with China, court ruled it was a political question affecting allocation of power between the president and Congress

Youngstown Sheet and Tube Co. v. Sawyer

1952-US fighting Korean War, Truman issued EO seizing steel mills, SCOTUS found in favor of mill owners, established Zone of Twilight (Congress debated adding provision allowing president to intervene in labor disputes when debating Taft Hartley act but didn’t, this was important to justices)

Nixon two arguments in favor of not releasing the tapes

Executive privilege, national security

Three instances where nondelegation doctrine was used

Panama Refining co v. Ryan, A. L. A. Schleuter Poultry Corp. v. US, Carter v. Carter Coal Company

Nixon v. Fitzgerald

Fitzgerald testified to Congress on waste in the Air Force (was an AF employee), Fitzgerald was fired by Nixon, Nixon was given immunity

Clinton v. Jones

Clinton wanted to delay a civil suit from alleged sexual harassment, SCOTUS ruled he couldn’t because it resulted from actions he took before office

Trump v. Vance

ruled that Trump couldn’t not produce his tax returns when subpoenaed because no citizen is allowed to withhold evidence for a criminal trial

Ex Parte Milligan

Milligan was sentenced to death for conspiracy to commit insurrection during Civil War via a military tribunal created by Lincoln (who suspended habeas corpus), court ruled (after the war, before Milligan’s execution date) that Lincoln didn’t have authority to create these courts and Milligan had the right to be tried in a civilian court

Office of Legal Counsel

Produces legal opinions for the executive branch which are binding on agencies (no methods to insure compliance, works directly for the president), adheres to past decisions even if they are wrong

Conflict with the OLC

OLC attorneys often look to future promotions, want to decide in favor of the president because they work for the president, but the president also needs unbiased legal advice

OLC is housed in

DOJ

Solicitor General

attorney for the federal government, manages government’s interactions with SCOTUS, serves at the pleasure of the president, determines cases to appeal, files amicus curiae briefs

National Industrial Recovery Act (NIRA)

would allow firms to violate existing antitrust laws (if necessary) to fix prices and wages, this was ruled unconstitutional in three cases, also it regulated intrastate commerce which is reserved to the states

Judicial Procedures Reform Bill of 1937

Roosevelt’s court-packing scheme

Trend in lower-court nominations

Becoming even more politicized

Important consideration for presidents appointing justices

Their views on expanding presidential power

Ending norms of consideration

Constitution states that the president “shall” appoint, doesn’t require the Senate to do anything-McConnell used this to not take action on Garland nomination, citing need for new election before nomination, Trump didn’t do the same when RBG died, SCOTUS is deeply political

Four justiciability doctrines

Ripeness, mootness, standing, political question doctrine