Supreme Court of the United States Procedures: Crash Course Government and Politics #20

Summary

In this episode of Crash Course Government and Politics, Craig discusses how the U.S. Supreme Court functions, outlining the process of bringing a case to the court. From appealing lower court decisions to filing writs of certiorari, the episode covers the steps involved in getting a case heard. The 'rule of four' determines if justices will hear a case, followed by briefs, oral arguments, and majority opinions. Craig also explains the roles of dissenting and concurring opinions, and how these rulings impact the law. A humorous yet informative take on a complex legal process.

Takeaways

• ⚖️ The Supreme Court of the United States (SCOTUS) hears cases that have already been decided in lower courts and appealed.
• 📜 To bring a case to the Supreme Court, one must file a petition for a writ of certiorari (commonly called 'the cert'), but it's not guaranteed to be accepted.
• 👨‍⚖️ The Rule of Four states that at least four of the nine justices must agree to hear a case.
• 📝 Briefs are written legal arguments submitted by both sides in a case. Additional briefs can be filed by third parties in the form of amicus curiae (friend of the court) briefs.
• 📢 Oral arguments are presented by each side in court, with justices asking questions during the limited time.
• 🗳️ A majority of five justices is needed to make a binding decision in a case.
• 🖋️ The majority opinion is written by a justice assigned by the Chief Justice, and this decision becomes the precedent for lower courts.
• 💬 Justices who agree with the majority but for different reasons can write a concurring opinion, which is not binding on lower courts.
• ✍️ Justices who disagree with the majority can write dissenting opinions, which hold no legal power but can influence future cases.
• 📊 The Supreme Court only hears about 80 cases out of 8,000 petitions each year, with the majority opinion setting binding precedents.

Q & A

What is required to bring a case to the Supreme Court?

To bring a case to the Supreme Court, you need a case or controversy, and in most situations, it must have been heard and decided by a lower court before being appealed. The appeals must be exhausted at the state or federal levels before the case can reach the Supreme Court.

What is a 'writ of certiorari' and why is it important?

A writ of certiorari is a formal request for the Supreme Court to hear a case. Petitioning for this writ is necessary to have the case reviewed by the court, but it is not guaranteed that the court will accept the case.

What is the role of the solicitor general in Supreme Court cases?

The solicitor general acts like a 'bouncer,' screening petitions for the Supreme Court. They can reject cases that do not raise significant federal law questions or have already been settled by previous rulings.

What is the 'rule of 4' in the Supreme Court?

The 'rule of 4' refers to the requirement that four of the nine Supreme Court justices must agree to hear a case before it is granted certiorari.

What is the purpose of briefs in a Supreme Court case?

Briefs are written legal arguments submitted by each side of a case. The petitioner submits a brief seeking to overturn a lower court decision, while the respondent submits a brief to uphold the decision. Additional briefs, like amicus curiae (friend of the court) briefs, can also be submitted by interested parties.

What happens during oral arguments at the Supreme Court?

During oral arguments, each side gets 30 minutes to present their case to the justices. However, much of this time is spent answering questions from the justices, making it a highly interactive and intense process.

How does the Supreme Court reach a decision after oral arguments?

After oral arguments, the justices meet in a conference to discuss the case. A majority of at least five justices must agree on one legal argument to affirm or overturn the lower court's decision. The chief justice assigns someone to write the majority opinion, which becomes the court's official decision.

What is the difference between a majority opinion, a concurring opinion, and a dissenting opinion?

A majority opinion is the court's official decision, supported by at least five justices. A concurring opinion agrees with the majority's decision but for different legal reasons. A dissenting opinion is written by justices who disagree with the majority, although it does not have legal force.

What is the significance of a unanimous decision like in Brown v. Board of Education?

A unanimous decision, where all justices agree on the ruling and its rationale, is considered a very strong statement of unified agreement. In cases like Brown v. Board of Education, it added significant weight to the ruling.

What happens to the decisions made by the Supreme Court?

The Supreme Court's decisions set a legal precedent that lower courts must follow. However, only the holding and the rationale supported by at least five justices are binding. Dissents and concurrences, while important for legal discussion, do not have binding force on lower courts.