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- Federal courts:
- 1.District courts-94 in 50 states, 300,000 cases,665 judges, a final
decision of a district court is reviewable by a court of appeals
- 2. Courts of appeals-13 judicial circuits, 50,000 appeals, 179 judges,
the authority to review decisions of the district courts, less than 1
percent of the cases from these courts are looked at carefully by the
Supreme Court
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2
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- The Senate: advice and consent
- Senate Judiciary Committee
- A candidate’s political orientation is the major factor in determining
how he or she will vote on the cases that come before the court
- FDR, Eisenhower, and Reagan was able to appoint a majority of the
federal bench during their tenure
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3
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- Is related to political ideology and is a good predictor of how an
individual judge will behave
- Does not equate to judicial activism or judicial restraint
- The Supreme Court’s role today is more about competing conceptions of
the proper balance between government authority and individual rights
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4
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- Changing the number-increase the number of federal judgeships
- Changing the jurisdiction
- In 1937, FDR’s underlying motive in wanting to change the size of the
Supreme Court was to ensue New Deal legislation would not be declared
unconstitutional- Court Packing Scheme
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5
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- A discretionary court
- The crucial factor in determining whether the Court will hear a case is
its importance to the operation of the governmental system as a whole
- The Court accepts cases under the rule of four
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6
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- Appointed by the president and confirmed by the Senate and holds tenure
- Ability to influence the Court has varied
- Chief Justice Warren Burger’s retirement gave Reagan the chance to
appoint a conservative William Rehnquist-today John Roberts
- Justice Sandra Day O’Connor was the first female appointed to the Court
- Supreme Court Justices
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7
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- Two weeks for oral arguments-30 minute speaking limit for attorneys,
justices can interrupt lawyers for any reason
- Two weeks the Court adjourns-the conference-Chief Justice
- Six justices must participate in each decision
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8
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- Assigning opinions:
- When voting with the majority, the chief justice decides who drafts the
opinion
- When the chief justice is in the minority, the senior justice among the
majority makes the assignment
- Dissenting opinions-opinions disagreeing with the decision of the Court
- Concurring opinions-opinions that agree with the decision of the Court,
but differ on the reasoning
- Circulating drafts
- Releasing opinions to the public
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