MARCH 2ND

Supreme Court Structure and Function

  • Overview of courts leading to the Supreme Court:

    • Health courts.

    • State Supreme Court.

    • US District Court (appeal to US Court of Appeals).

  • Supreme Court is the final legal resort.

  • Supreme Court hears about 70-80 out of 8,000 petitions yearly.

Case Petitioning Process

  • Granting certiorari requires agreement from 4 out of 9 justices.

  • Public hearings are available; only audio recordings allowed.

  • Decisions made by majority vote (5 out of 9).

  • Chief Justice can write or assign majority opinion.

Landmark Cases

  • Importance for civil liberties and major societal issues.

  • Examples:

    • Marbury v. Madison (judicial review).

    • Brown v. Board of Education (racial segregation).

    • Miranda v. Arizona (Miranda rights).

    • Obergefell v. Hodges (same-sex marriage).

    • Dobbs v. Jackson (abortion rights).

Current Supreme Court Composition

  • Justices: Amy Coney Barrett, Neil Gorsuch, Brett Kavanaugh, etc.

  • Conservative majority influences rulings.

  • Nomination process: President appoints, Senate confirms.

Judicial Tenure and Accountability

  • Justices serve for life with good behavior.

  • Good behavior is not clearly defined; removal is difficult.

  • Supreme Court decisions can influence civil liberties significantly.

Selective Incorporation Process

  • 14th Amendment applies some federal protections to state governments.

  • Important civil rights and liberties involve privacy, religion, speech, and rights of the accused.

Discussion on Abortion Rights

  • Roe v. Wade: Constitutional right to privacy extends to abortion in the first trimester.

  • Dobbs v. Jackson: Supreme Court stated no constitutional right to abortion, allowing states to legislate.

  • Implications for federalism and state law variances on abortion.

Religion and Government

  • Establishment Clause: government can't establish an official religion.

  • Free Exercise Clause: government cannot interfere in religious practices.

  • Wall of Separation concept between church and state varies in application.