Supreme Court Unit 4 / Unit 2 College Board

Statutory law

Written laws enacted by legislatures.

Common law

Law based on judicial precedent and stare decisis (unwritten)

Stare decisis

Judges follow prior decisions (precedent) to ensure stability.

Criminal law — purpose & burden

Protect public; punishment (jail/fines); burden = beyond a reasonable doubt (prosecution).

Civil law — purpose & burden

Resolve private disputes; compensation; burden = preponderance of evidence (plaintiff).

Writ of mandamus

Court order that tells an official to perform a duty (“do this”).

Injunction

Court order telling someone to stop doing something (“do not do this”).

Class action lawsuit

One or more plaintiffs sue on behalf of a larger group with common claims.

Judicial power is passive

Courts cannot initiate cases; they only decide real “cases or controversies.”

Standing

Legal right to bring a suit; plaintiff must show injury, causation, and redressability.

Judicial law-making

Judges interpret broad/unclear statutes and Constitution — effectively making law.

Evidence courts make law

Overturning precedents, ruling on political questions, filling gaps in statutes.

Four types of jurisdiction

Exclusive, concurrent, original, appellate.

Exclusive jurisdiction

Only federal courts can hear the case.

Concurrent jurisdiction

Both federal and state courts can hear the case.

Original jurisdiction

Court tries the case first (e.g., federal district courts).

Appellate jurisdiction

Court reviews decisions from lower courts (e.g., courts of appeals, Supreme Court).

When federal courts may hear a case

Issues involving Constitution, federal law, treaties, admiralty, disputes between states, US government as a party, diversity of citizenship, diplomats.

Admiralty vs maritime law

Admiralty = high seas; maritime = water-related matters on land.

Dual court system

Separate federal and state courts coexisting in U.S. federalism.

Article I (legislative/special) courts

Created by Congress for specific purposes; judges serve fixed terms (not lifetime).

Examples of Article I courts

Claims Court, Court of Military Appeals, D.C. courts.

Article III (constitutional) courts

Judges have life tenure; created under Article III; includes district, circuit, and Supreme Court.

District Courts — role & stats

Trial courts of original jurisdiction; handle ~90% of federal cases; 94 courts; juries; magistrates.

District Court mechanisms

Grand juries (indictments), trial juries, magistrates for warrants/prelims.

Courts of Appeals (Circuit Courts)

12 regional circuits; panels of 3 judges; appellate jurisdiction; en banc for important cases.

En banc hearing

All active circuit judges rehear a case; used for major/complex issues.

Supreme Court — status

Court of last resort; sets national precedent; highest federal court.

Original jurisdiction of SCOTUS

Cases involving states and ambassadors (limited).

Appellate jurisdiction of SCOTUS

Appeals from federal circuits and state supreme courts on federal questions.

Judicial review

Power to declare laws or executive actions unconstitutional (Marbury v. Madison, 1803).

Marbury v. Madison (1803)

Established judicial review.

How cases reach Supreme Court

Petition for certiorari; Court grants cert by Rule of Four.

Rule of Four

If four Justices vote to hear a case, SCOTUS grants certiorari.

Cert petition volume vs grants

Thousands filed (7k–8k); only ~80–100 accepted each term.

Reasons to deny cert

No substantial federal issue, lack of standing, Court agrees with lower court, or political hot potato.

Per curiam decision

Short, unsigned opinion (often unanimous) deciding without full briefing or oral argument.

Oral argument format

Each side typically gets 30 minutes to present and answer Justices’ questions.

Amicus curiae briefs

“Friend of the court” briefs filed by interested non-parties to offer perspectives.

Conference & voting

Justices meet in private conference; simple majority decides; tie leaves lower court ruling intact.

Opinion types

Unanimous, majority, concurring, dissenting, per curiam.

Assigning majority opinion

If Chief is in majority, he assigns; otherwise the most senior majority Justice assigns.

Power of opinion assignment

Chief Justice can shape legal reasoning and long-term precedent through assignment.

Purposes of opinions

Explain reasoning, set precedent, guide lower courts, send signals to branches/legislature.

Remand

Supreme Court sends case back to lower court to implement its decision.

Enforcement limits of Court

No sword or purse — depends on Executive and public legitimacy to enforce rulings.

Examples of noncompliance

Delays or local resistance in implementing desegregation or other rulings historically.

Composition of current Court (from notes)

Lists liberal wing (Jackson, Sotomayor, Kagan), conservative wing (Thomas, Gorsuch, Kavanaugh, Barrett), swing Roberts (Chief).

Judicial activism — definition

Courts should go beyond law to address social issues; judges act as guardians of rights.

Judicial restraint — definition

Courts should avoid making policy, defer to legislatures and original intent; rule only on clear constitutional issues.

Historical swings in activism/restraint

FDR court-packing era, Warren Court activism (1954–69), Burger/Rehnquist/Roberts shifts and counter-claims.

Examples of judicial activism (cases)

Brown v. Board (1954), Miranda v. Arizona, Roe v. Wade, Baker v. Carr, Lawrence v. Texas, US v. Lopez, Bush v. Gore, DC v. Heller.

Brown v. Board (1954)

Overturned Plessy; struck down school segregation — classic activist, precedent-overturning case.

Miranda v. Arizona (1966)

Established Miranda warnings (rights of the accused).

Baker v. Carr (1962)

Federal courts can adjudicate legislative redistricting (political questions doctrine limited).

Bush v. Gore (2000)

Stopped Florida recount; controversial example cited as activism.

DC v. Heller (2008)

Individual right to bear arms in D.C.; example of Court expanding constitutional protections.

US v. Lopez (1995)

Limited Congress’s Commerce Clause power by striking down Gun-Free School Zones Act.

Clinton v. New York (1998)

Struck down line-item veto — separation of powers enforcement.

Lawrence v. Texas

Struck down sodomy law — expanded privacy/liberty protections.

INS v. Chadha (1983)

Legislative veto unconstitutional — violated bicameralism & presentment.

Judicial restraints on power

No enforcement powers, must wait for cases, standing rules, appointment & confirmation checks, impeachment, Congress can amend Constitution or law, control jurisdiction and budgets.

Checks on judiciary — appointments & confirmations

President nominates; Senate confirms (advice & consent).

Impeachment of judges

House impeaches, Senate convicts/removes with 2/3.

Congressional controls

Create/dissolve courts, set jurisdiction, pass amendments, re-pass laws, adjust number of judges.

Stare decisis as a restraint

Tendency to follow precedent limits judicial overturning of established law.

Public opinion & legitimacy

Court relies on public acceptance; loss of legitimacy weakens effectiveness.

Federal attorneys: Attorney General

Head of DOJ; presidential appointee with Senate consent.

Solicitor General

Represents U.S. before SCOTUS; decides which cases to appeal — called the “tenth Justice” for influence.

U.S. Attorneys

Federal prosecutors for each district (94); appointed by President; 4-year terms.

Federal judges — appointment & tenure

Nominated by President; confirmed by Senate; hold office during “good behavior” (life tenure).

2024 federal judge salaries (notes)

District $247,400; Circuit $262,300; Supreme Chief $317,500; Associate $303,600.

Senatorial courtesy for district judges

Home-state senators influence district judge nominations via informal veto.

Senate Judiciary Committee role

Screens nominees, holds hearings, votes to send nomination to full Senate.

Senate confirmation vote requirement

Majority vote needed to confirm (procedural rules/filibuster may affect process historically).

Ideology’s role in judge selection

Presidents seek like-minded judges; roughly 25% of appointees may deviate from expected ideology.

Age & lifetime appointments effect

Judges' long tenure extends presidential influence beyond term of office.

American Bar Association (ABA)

Evaluates judicial nominees’ qualifications (influential but not decisive).

Paper trail importance

Senators scrutinize nominees’ writings/records during confirmation.

Number of federal judges

Congress can change number of courts and judges by statute.

Jurisdictional constraints

Congress may define/limit federal courts’ jurisdiction (subject to constitutional boundaries).

Political questions doctrine

Courts may refuse cases better handled by political branches (though doctrine has limits).

“Controversy” requirement

No advisory opinions — must be live dispute with concrete stakes.

Amicus briefs’ influence

Provide data/arguments to shape Justices’ views and present broader impacts.

Per curiam vs signed opinions

Per curiam = unsigned, often short; signed opinions carry named authors and precedential reasoning.

Majority opinion writer strategy

Craft opinion to maintain coalition; may narrow holdings to secure majority.

Concurring opinion

Agrees with outcome but for different or additional reasons.

Dissenting opinion

Disagrees with majority; can influence future legal thinking.

Legal precedent can be overturned

Court can reverse earlier decisions (e.g., Brown overturned Plessy).

Lower courts implement Supreme Court rulings

SCOTUS remands with instructions; lower courts interpret and apply decisions.

Court’s docket control significance

By selecting cases, Court shapes national jurisprudence and avoids politicized matters if desired.

“Hot potato” cases

Politically sensitive cases the Court may avoid by denying cert.

Rule of Four rationale

Protects minority of Justices who want to hear a case from majority gatekeeping.

Oral argument preparation

Justices read briefs and amicus briefs carefully before hearings.

Cert pool & clerks’ role (implicit in system)

Justices’ clerks screen petitions and prepare memos — major gatekeeping function.

Political balance of Court affects decisions

Composition influences outcomes on constitutional and statutory questions.

Judicial activism critique

Judges impose personal policy preferences and overrule democratic processes.

Judicial restraint critique

May allow injustices to persist and fail to protect minorities against majoritarian abuses.

Major tools for Congress to limit courts after Chadha

Funding, legislation with clear standards, oversight hearings, altering jurisdiction, amending Constitution.