Chapter 9: The Federal Judiciary

When judges deliberately shape judicial doctrine to conform to their personal view of the Constitution and social policy.

activism

“Friend of the court.” A brief filed in a lawsuit by an individual or group that is not party to the lawsuit but that has an interest in the outcome.

amicus curiae

The head of the Justice Department. As the nation’s chief legal officer, the attorney general of the United States represents the federal government’s interests in law courts throughout the nation. The attorney general is also the chief law enforcement officer.

attorney general

In the Senate, a form in which a home state senator can write their views of a federal judicial nominee before a confirmation hearing can be scheduled. The process is a tradition that has been followed by both parties in the spirit of bipartisanship.

blue slip

A written opinion by a Supreme Court justice who agrees with the decision of the Court but disagrees with the rationale for reaching that decision.

concurring opinion

Category of federal courts vested with the general judicial authority outlined in Article III of the Constitution. The most important are the Supreme Court, the courts of appeals, and the ninety-four district courts. Their authority derives from that of the Supreme Court, and they are supposed to conform to its decisions.

constitutional courts

The second tier of courts in the federal judicial system (between the Supreme Court and the district courts). One court of appeals serves each of eleven regions, or circuits, plus one for the District of Columbia.

court of appeals

An attempt by President Franklin Roosevelt, in 1937, to remodel the federal judiciary. Its purpose ostensibly was to alleviate the overcrowding of federal court dockets by allowing the president to appoint an additional Supreme Court justice for every sitting justice over the age of seventy. The legislation passed the House of Representatives but failed in the Senate by a single vote. If it had passed, Roosevelt could have added six new justices to the high bench, thereby installing a new Court majority sympathetic to his New Deal programs.

Court-packing plan

The written opinion of one or more Supreme Court justices who disagree with the ruling of the Court’s majority. The opinion outlines the rationale for their disagreement.

dissenting opinion

The trial courts of original jurisdiction in the federal judicial system. The ninety-four district courts are the third tier of the federal judicial system, below the Supreme Court and the courts of appeals.

district courts

The Constitution’s Article 1, Section 9 prohibits officers of the federal government from receiving gifts and titles from foreign governments.

emolument clause

A case directly involving the U.S. Constitution, federal laws, or treaties.

federal question

A comprehensive, integrated set of views about government and politics.

ideology

The practice of prescribing in a decision a set of rules that are to guide future decisions on similar cases. Used by the Supreme Court to guide the lower courts in making decisions.

judicial doctrine

A ruling from the federal judiciary that binds the government to an action or policy that includes parties that were not part of the lawsuit.

national injunction

Principle of law that governs how the lower courts do their work.

procedural doctrine

The judicial action of deferring to the policies emanating from the elected branches in the absence of a clear violation of the Constitution or established doctrine.

restraint

A rule used by the Supreme Court stating that when four justices support hearing a case the certiorari petition is granted.

rule of four

An informal practice in which senators are given veto power over federal judicial appointments in their home states.

senatorial courtesy

The official responsible for representing the U.S. government before the Supreme Court. The solicitor general is a ranking member of the U.S. Department of Justice.

solicitor general

“Let the decision stand.” In court rulings, a reliance on precedents, or previous rulings, in formulating decisions in new cases.

stare decisis

Principle that guides judges on which party in a case should prevail—akin to policymaking.

substantive doctrine

An order given by a superior court to an appellate court that directs the lower court to send up a case the superior court has chosen to review. This is the central means by which the Supreme Court determines what cases it will hear.

writ of certiorari

“We command.” A court-issued writ commanding a public official to carry out a specific act or duty.

writ of mandamus