Judicial system

Introduction to the federal judicial system discussed in class.
Emphasis on the flow of cases through federal courts, beginning with district courts.

Initial Court for Federal Crimes:
- If charged with a federal crime, the accused is prosecuted in a federal district court.
Appeal Process:
- If the accused loses the case, an appeal can be made to the courts of appeals.
Geographic Circuits:
- There are 12 geographic courts of appeals and one specialized court (the Court of Appeals for the District of Columbia), often referred to as a mini Supreme Court.

Judges are conceptualized as umpires in baseball, expected to be impartial; however, political ideologies can influence their decisions.

A map presents the ideological leanings of the 13 circuit courts.
- White: Neutral/moderate decisions.
- Dark Red: Conservative.
- Dark Blue: Liberal.
- Example: 1st and 9th Circuits: Most liberal; 5th and 11th Circuits: Most conservative.
There is a correlation between the ideological leanings of circuits and how states vote in presidential elections.

Plaintiffs may prefer to file cases in circuits aligned with their political beliefs.
- Example: Democrats challenging a Republican administration might file in the 1st or 9th Circuit; conservatives would lean towards the 5th or 11th Circuits.

Concept of Judge Shopping:
- Judge shopping occurs when plaintiffs seek out particular judges who may lean favorably toward their case.
Texas Case Study:
- Since 2021, 31 lawsuits have been filed by Texas against the federal government across federal district courts.
- A notable case involved a judge in Amarillo who ruled in favor of maintaining a Trump-era immigration policy called Remain in Mexico.
- The attorney general's office sought this judge specifically, illustrating judge shopping in action.

Each state has at least one federal district court; Texas has four.
District courts mainly handle cases involving national laws, with over 600 district judges appointed by the president.
The selection of judges is typically random, maintaining impartiality.

Northern District of Texas:
- Example: The Northern District allows easier filing in chosen divisions.
Limited Judges:
- For example, in the Southern District of Texas, divisions have had as few as one active judge, resulting in predictable assignments.
This dynamic enables the attorney general to file cases knowing which judge will preside, enhancing the opportunity for favorable rulings.

The Fifth Circuit, being predominantly conservative, is expected to support conservative rulings.
Example: Mifepristone case in 2023 challenged the legality of abortion pills — broader rulings were almost issued based on a Texas judge's decision.
The Supreme Court paused the ruling, highlighting delays from lower court decisions.

The courtroom process can become politically charged through mechanisms like judge shopping, akin to gerrymandering where voters or judges are chosen to sway outcomes favorably.
The implications of this system include a shift towards politicization of judicial decisions in favor of external motivations.

Authority of the Supreme Court:
- Outlined in the Constitution; it is the only federal court mentioned explicitly.
- Other federal courts are established by Congress and are subject to their control.
- The title of the head justice is Chief Justice of The United States, managing the entire judicial system.

The Chief Justice acts as a spokesperson for the federal judiciary and represents the branch in inter-branch disputes.
Examples include defending judicial impartiality during political attacks.
Presides over hearings and decides how cases are organized and presented, with privileges in speaking order and voting.

Defined: Judicial review is the power of the judiciary to evaluate the legality of laws and executive actions.
Established in Marbury vs. Madison (1803), which granted the Supreme Court authority to deem laws unconstitutional.
Used sparingly, with only about 160 laws struck down since the inception of the court.

Brown vs. Board of Education:
- Overturned segregation laws, affirming equality under the law per the Fourteenth Amendment.
Roe vs. Wade:
- Federal law that prohibited states from enacting laws against abortion.
- States attempting to enact bans were thwarted due to established federal law.

Originalism:
- Law is interpreted strictly based on the text as understood at the time of its writing, generally aligning with conservative ideologies.
Non-Originalism:
- Considers contemporary societal context in interpreting laws, aligning with more liberal views.

Over time, it is noted that many justices may evolve toward more liberal rulings as societal norms shift.
Examples include Justices who were once conservative becoming more moderate or liberal in later terms.

40 questions total.
- Five fill-in-the-blank questions.
- 34 multiple-choice questions.
- One essay question (themes such as bill-making, challenges faced by women in office).

The importance of understanding the implications of judge shopping and the role of politics within the judicial system was emphasized.
A Q&A session encouraged students to seek clarification on the discussed concepts and contexts.