JD Politics Exam 2 Pt1

1925 Judges Bill

Legislation that shifted most Supreme Court appeals from mandatory jurisdiction to discretionary review.

Certiorari

The process where a losing party petitions the Supreme Court to review a lower court decision.

Cert Pool

A shared system where Supreme Court clerks draft memos summarizing cases and recommending whether to grant cert.

Discuss List

An agenda of cases chosen for conference discussion; cases left off this list are automatically denied cert.

Conference

A private meeting where justices vote on cases in order of seniority, starting with the Chief Justice.

Relist

Holding off on making a decision on a petition until a future conference for further discussion or separate writings.

Rule of Four

The informal rule requiring at least four Supreme Court votes to grant certiorari.

Aggressive Grant

Voting to grant cert when a justice believes a decision is correct, specifically to create favorable precedent.

Defensive Denial

Denying cert despite believing a lower court decision is wrong, in order to avoid creating bad precedent.

Amicus Curiae

"Friend of the court" outside parties who file briefs to provide opinions on a legal dispute.

Solicitor General

The lawyer representing the U.S. government before the Supreme Court, highly influential in cert decisions.

Paid vs. IFP Petitions

Paid petitions cost $300 and require 40 printed copies, whereas In Forma Pauperis (IFP) petitions waive fees.

Majority Opinion

An opinion signed by at least 5 justices that creates binding precedent for future cases.

Plurality Opinion

An opinion similar to a majority opinion but with fewer than 5 votes, which does not create binding precedent.

Concurrence in Judgment

When a justice agrees with the case outcome of the majority but disagrees with their legal reasoning.

Purpose of Dissents

To express disagreement, influence the majority's framing or votes, and signal arguments for future litigation.

Shadow Docket

Everything the Supreme Court does outside of oral arguments and merits decisions, including emergency actions and summary reversals.

Summary Reversal

An unsigned per curiam Supreme Court decision overruling a lower court, typically requiring 6 votes.

GVR (Grant, Vacate, Remand)

A tool used by the Supreme Court to clear away a lower court decision and send it back for reconsideration.

Emergency Applications

Requests for immediate relief such as stays, injunctions, or vacating lower court rulings outside the standard timeline.

Diffuse Support

A reservoir of goodwill and favorable attitudes that helps citizens accept court outputs they oppose.

Specific Support

Attitudes toward the court based on satisfaction with particular policies or decisions.