Supreme Court Jurisdiction and Case Selection

Flashcards covering the Supreme Court's jurisdiction, threshold doctrines, internal case selection process, and types of cases it considers, based on Chapter 1-7 of the lecture notes.

What are the three sources of the Supreme Court's jurisdiction?

Article III (cases involving ambassadors, government officials, high seas), legislation (appellate jurisdiction defined by Congress, though Congress defers to the Court), and the Court's own internal practices.

Which types of cases does the Supreme Court NOT have the right to hear, as mentioned in the lecture?

Any state law case (e.g., speeding tickets, neighbor disputes), as well as hypothetical legal questions or requests for advice from Congress.

What are 'threshold doctrines'?

Barriers that a case must overcome to be heard by the Supreme Court, acting as guidelines rather than strict rules to maintain stability and separation of powers.

What is the 'case or controversy' requirement for the Supreme Court?

One person must be suing another, or criminal charges must be brought by the state; the Court does not hear one-sided cases or give advice on hypothetical questions.

What is 'standing' as a threshold doctrine?

You must be one of the aggrieved parties, someone who has suffered wrong or done wrong, with personal or financial damage. The Warren Court expanded this to include psychological and emotional damage, and abstract claims.

What was the outcome of Frothingham v. Mellon (1933) regarding a taxpayer's challenge to high taxes?

The Court stated that the plaintiff (Frothingham) could not prove direct damage from the taxes and that it was a political challenge, not a judicial one.

What do 'ripeness' and 'mootness' refer to in the context of Supreme Court cases?

Ripeness means a case cannot be taken too early (the issue must be fully developed), and mootness means it cannot be taken too late (the issue must still be a live controversy).

What is the 'political question' doctrine?

The Court refuses (or claims to refuse) to hear issues that are strictly political and should be left to Congress or other political branches, rather than constitutional questions.

How did Chief Justice Roberts apply the 'political question' doctrine in the Obamacare decision?

He stated that whether health care is a right or not, or if the government can compel purchase of a service, is a political question for Congress, not the Court, even if the law might be 'stupid'.

What is 'stare decisis'?

A doctrine meaning 'let the decision stand,' where justices are reluctant to re-hear cases that have already been decided, preferring to uphold existing precedent.

What is the doctrine of 'strict necessity'?

When the Court hears a case despite an issue already being decided (stare decisis), it will make the smallest possible decision to resolve the immediate injustice without upsetting existing precedent.

What is the first step in the Supreme Court's case screening process after losing a case at the appeals level?

Submitting a petition in the proper format, adhering to strict criteria like perfect grammar, spelling, citation, and specific physical formatting requirements (paper type, margins, font, etc.).

What happens if a petition to the Supreme Court is not perfectly formatted?

The Clerk of the Court will reject it and send it back with a note explaining the formatting errors, requiring the petitioner to fix and resubmit it.

Who is exempt from the strict formatting rules and filing fees for Supreme Court petitions?

Exceptionally poor people ('in forma pauperis') and prisoners, who can submit an affidavit swearing to their poverty.

What is a 'brief' in the context of the Supreme Court petition process?

A one-page summary of a case; for attorneys, it argues why their side is right; for law students or this class, it's an overview of what happened in the case.

What are 'amicus curiae briefs'?

Briefs filed by 'friends of the court' (Latin for 'amicus curiae'), which are other groups or individuals interested in the outcome of a case but not direct parties.

After all documents are filed, how do cases move towards consideration by the judges?

The Clerk circulates a list of cases that are ready, which have been reviewed by law clerks who then recommend cases for discussion in what's called the 'cert pool'.

What is 'conference' in the Supreme Court?

A closed meeting where the nine justices discuss the business of the Court and decide which cases to hear. No law clerks, interns, or media are present, but judges take notes.

How are cases categorized during conference?

Into the 'discussed list' (cases judges want to talk more about) and the 'dead list' (cases that will not go any farther, with lower court decisions standing), technically named Special List One and Two.

What happens to capital cases (death penalty cases) during conference?

They are automatically placed on the dead list due to the high volume of frivolous appeals from death row inmates, though retired Supreme Court judges review them for egregious violations.

What is the 'Rule of Four'?

A custom (not an absolute rule) stating that if four justices agree a case is worth hearing, it will be granted a writ of certiorari (a hearing), even if the other five judges later vote to dismiss it as 'improvidently granted'.

What can a justice do if they are in the minority and believe a case should be heard, even if the Rule of Four is not met?

They can write a 'dissent from not hearing the case,' an explanation of why the case is important and should be heard, which can sometimes lead to a re-vote and the case being taken up.

How does the Supreme Court function as a 'super legislature'?

Because it gets to pick its own cases from thousands of petitions, it effectively makes public policy by turning practical questions between two parties into matters of public policy, influencing interest groups and political parties.

What are the three big categories of cases the Supreme Court is most likely to hear?

Civil liberties issues, disagreements in lower appellate courts (circuit splits) over fundamental constitutional issues, and cases that the federal government files or expresses interest in.

Who is the 'Solicitor General'?

The person who actually goes over and makes cases in front of the Supreme Court, representing the federal government's interests.