Chapter 14

1)    To whom do USSC decisions apply?

U.S. Supreme Court (USSC) rulings apply to all federal and state courts. Lower courts are required to implement Supreme Court policies while also acting as policy makers in many cases

2)    Do all lower courts follow appellate court rulings? In what ways can they exercise discretion? Do they sometimes refuse to comply (or defy) higher court rulings? What was 58 Lonely Men about?

 

  Lower Court Discretion:

  • Lower courts must interpret and apply rulings from higher courts, but they often exercise discretion based on precedent.

  • They may narrow or distinguish rulings, find exceptions, or even avoid compliance through techniques like venue shopping or finding rulings as dicta.

  Non-Compliance and Defiance:

  • Lower courts may sometimes refuse to comply with higher court rulings. Example: Judge Moore in Alabama defied same-sex marriage recognition until it was rendered moot by Obergefell v. Hodges (2015)​1.

  58 Lonely Men:

  • This book describes the challenges faced by federal judges in the South during desegregation. They were pressured socially and politically to delay or circumvent Supreme Court rulings against segregation

 

3)    What can you do with precedent?

Lower courts can:

  • Apply it directly.

  • Distinguish it by arguing that the precedent does not apply to specific cases.

  • Examples include Brown v. Board of Education, where implementation varied widely​

 

4)    When the higher court creates a “test” - does that guarantee that all lower courts will apply it the same way?

No, lower courts interpret tests differently based on their understanding, personalities, and ideologies. For example:

  • Miller Test for obscenity or True Threats test.

  • Ambiguities in rulings (e.g., Betts v. Brady, Atkins v. Virginia) show how interpretation may vary

 

 

5)    How can Congress “curb” the court?

 

Congress has several tools:

  • Statutory Interpretation: Revising statutes if courts misinterpret them.

  • Amendments: Can overturn court decisions on constitutional matters.

  • Regulating appellate jurisdiction.

  • Judicial reorganization, funding, and setting the number of justices.

  • Impeachment and confirmation powers

 

6)    How can the president “curb” the court?

 

The president can:

  • Enforce or resist judicial rulings (e.g., enforcing Brown v. Board of Education).

  • Influence court direction via judicial appointments.

  • Use Justice Department policies and agency-level resistance to judicial rulings

 

7)    Are the courts the great bulwarks of liberty in your view? What was the thesis of the “Hollow Hope”?

 Courts as Bulwarks of Liberty:

  • The USSC claims to ensure equal justice under law and acts as the guardian of the Constitution​1.

The Hollow Hope Thesis:

  • Argues that American courts are limited in their ability to drive significant social reforms due to structural constraints and the broader political system​