The Supreme Court in Action

Stare Decisis

Let the past decisions stand.

Legal principle of respecting past court decisions (precedence)

Strict vs Loose Constructionist

how much flexibility can you have when interpreting the constitution

Strict Constructionism

Adhere specifically to the text and context of the constitution or statute

“Originalism”

Loose Constructionism

The meaning of the law and text of the constitution are subject to contemporary understanding.

“Living Constitution”

Activism v Restraint

how much preference do you have for stare decisis

Judicial Activism

When the court seeks to make policy through the changing of precedence.

Typically controversial when the court seems to take a political role.

Judicial Restraint

When the court upholds past precedence, refusing to hear settled issues.

The court defers policy making to the political branches.

Granting Cert.

A Writ of Certiorari is an order to send a case to the Supreme Court from the lower courts. Only cases that meet the Rule of 4 are granted cert. and heard by the SCOTUS.

3 Step Process

1. Briefs are submitted by attorneys and read individually by the justices.

2. Oral Arguments are then heard in the Courtroom by the panel of Justices.

3. Decisions are discussed with one another privately in the conference room.

The Opinion of the Court

Only the vote officially matters

• But out of tradition justices write opinion papers explaining the decisions.

• Used to explain precedents and scope of the decisions.

  • Majority Opinion

  • Concurring Opinion

  • Dissenting Opinion

• Ties (4-4) result in the lower court decision standing.

Amicus Curiae

Friends of the Court

• Amicus briefs are submitted by outside parties (not apart of the case)

  • Both parties in the case must agree to allow them

  • The court has to grant permission

• Usually submitted by interest groups looking to influence the decision of the court