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End lecture Sup. Court
Judicial philosophy 1950s to 1980s (Earl Warren 1953-1969) (Warren Burger1969-1986) Activist (ie liberal) role in abortion, civil rights, civil liberties, voting - attacked racial segregation - curtailed state restrictions on voting - placed restrictions on police/prosecutors - established right to abortion 1986 – Rehnquist court emerges Reagan appoints O’Conner, Scalia, Kennedy and promotes Rehnquist to chief justice Bush appoints David Souter (1990) and Clarence Thomas (1991) Clinon appoints judicial liberals Ruth Bader Ginsburg and Stephen Breyer Other influences on
court decisions
Controlling the Flow: Solicitor General – - Top government lawyer in appellant cases in which the government is involved - More than half the Supremes work load are cases under the direct charge of the solicitor general - Court gives special attention to the way he or she characterizes the issue
The FBI and other federal agencies: - provides data - often involves itself (through the Solicitor General with Amicus briefs on state criminal cases
Law Clerks: - Researching legal issues and assist with writing opinions - Judges rely on the opinions and analysis - Douglas and Marshall probably had their decisions written for them
Case Pattern: -- the court can select which cases it wants, but - Social change produces litigation that eventually the courts must be used to resolve the conflicts - litigants will chose the right case, the rights facts, in the right jurisdiction, at the right time - bring similar cases into different jurisdictions hoping for an inconsistent ruling - Sometimes Congress helps by establishing new paths for litigation (ADA)
Limitations of the
federal courts
Standing – can only oppose government action if you are personally harmed (three part standard: Injury, causation, and redressablity) - National Environmental Policy Act allows public interest groups to file suit if gov. actions cause environmental damage - 1992 Lujan v Defenders of Wildlife – court requires a more traditional model of standing Amicus Curaie - allows parties without standing to weigh in Limited kinds of relief – Relief goes to an individual and not a group Structural relief – court keeps jurisdiction on case until approved outcome Class-action suit – people with common interests file suit as a class Dicta -- when a judge voices an opinion that is not really part of the case - generally not seen as good judging, technically not under stare decisis but is an indication of where the court would go in the future Courts have no enforcement power of their own Jackson in 1832 Judges are appointed by the president and confirmed by the Senate – can change the makeup of the court Congress can change the size and jurisdiction of the federal courts ----- “fee
shifting” – citizens who win a suit against
officials for violation their rights can collect their attorney’s fees and
costs Procedures Court Conference (to determine what cases to consider) – no one else in the room Discussion goes in order of seniority Voting goes in order of reverse seniority Four votes are needed to review a case Oral arguments – now down to about a half hour each position Opinion writing assigned – Chief justice assigns if he is in the majority Senior associate justice assigns if in the majority Dissenters agree among themselves who will write Opinions circulate – some justices join other decisions, while others can defect Dissent can become majority opinion Five votes is a win
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