Supreme Court

The Supreme Court is the highest level court in the land. This court consists of nine judges, eight associate and one chief justice. The Supreme Court hears appeals from the Appeals Courts and state Supreme Courts. The Supreme Court decides which cases to hear based on the rule of four, four of the nine justices must approve to hear a case. Only 0.5% of all cases are heard.

Choosing a Case

The Supreme Court often picks cases based on three factors.
They pick a case...

When the two lower courts have conflicting opinions
If a ruling conflicts with a previous Supreme Court ruling
If the case has historical significance

Decisions and Opinions

The Supreme Court has three decisions, affirm, reverse decision of the lower courts, or remand it. Affirm is when the justice agrees with the lower courts. Remand it means the case would be sent back.
After making their decisions one justice will write the majority opinion which is the opinion reflecting the view of the majority, and another justice will write the dissenting opinion which is why they disagree with the majority.

Famous Supreme Court Cases

Santa Fe Independent School District v. Jane Doe (2000)

A Texas school allowed a student to lead a prayer over the public address system before home football games. The parents sued, the case eventually made it to the Supreme Court and the ruling was that the school district's policy was unconstitutional because the prayers were school sponsored activities.

West Side Community Schools v. Mergens (1990)

A student tried to start an after school Christian club, the school already had many student interest clubs, and the club was denied because a religious club would be illegal in school. The student challenged the decision and the lawsuit went to the Supreme Court. The ruling was in favor of the student because a school does not endorse or support student speech, it just permits it.

New Jersey v. T.L.O. (1985)

A student was caught smoking in a school bathroom by a teacher and when her possessions were searched rolling paper and marijuana were also found. The student admitted to selling drugs at school. Her case went to trial and she was found guilty of possession of marijuana, she appealed claiming the search violated her Fourth Amendment right. The case went to the Supreme Court and the ruling was in favor of the school. Because the rolling paper was next to the cigarettes that caused the reasonable suspicion to search for the marijuana.

Vernonia School District v. Acton (1995)

A seventh grader wanted to try out for the football team and his school required all students to take drug tests at the beginning of the season and on a random basis throughout the school year. The student's parents refused to let him be tested due to lack of evidence. The Supreme Court ruled in favor of the school. This is because, according to the Justices: "Students who voluntarily participate in school athletics have reason to expect intrusions upon normal rights and privileges, including privacy."

Ingraham v. Wright (1977)

A student was accused of being rowdy in school and brought to the principal who decided to give him five swats with a paddle, upon denial and refusal the principal gave him 20 swats. The student was held out of school for ten days due to injuries and had to seek medical attention, the student and his mother sued the principal for violating the Eighth Amendment, cruel and unusual punishment. The Supreme Court ruled in favor of the principal because the Eighth Amendment prevents excessive punishment to criminals at the hands of the government, not schoolchildren who misbehave. The Court did mention to teachers and principals to be cautious and use restraint when deciding to use corporal punishment.

Kent v. United States (1966)

A teen who had been on probation for two years for burglary and theft was arrested and charged with three home burglaries, three robberies, and two counts of rape. Because of the magnitude of the charges and his history, the teen was tried as an adult. The case had been taken to the Supreme Court and ruled against the teen because of the magnitude of the crimes was great enough to move him from juvenile court. When moving a teen from juvenile court there are factors to consider, first the magnitude of the crimes, second the age of the juvenile, and third their criminal history and mental state.

Tinker v. Des Moines Independent School District (1969)

Some students wore black armbands to school to protest the war in Vietnam, they were told to remove the bands and when they refused they were suspended. The students and their parents sued the school district for violating their First Amendment right, freedom of speech. The Supreme Court ruled in favor of the students because students and teachers keep their constitutional rights in school. The Supreme Court did not give students unlimited right to self-expression, if the act does not disturb school work or invade the rights of others then it is acceptable.

Hazelwood School District v. Kuhlmeier (1988)

Some students were in charge of editing a school newspaper and wanted to publish two controversial articles. The principal denied them because the topics were too sensitive for younger students. The students took the case to court claiming a violation on their First Amendment right to freedom of expression. The Supreme Court ruled in favor of the school district because in school sponsored events the students have free expression as long as their actions are education related.

Grutter v. Bollinger (2003)

A college student was denied admission to a graduate school, the student had a high undergraduate grade point average and good standardized test scores, the student sued the university for using race as a factor in admissions. The student claimed that there were less-qualified minority applicants admitted and this was a violation of the federal civil rights laws and the Fourteenth Amendment, which guarantees equal protection under the law. The Supreme Court ruled in favor of the school because it is in the best interest of a university to maintain diversity, however there need to be a specific number of minority applicants accepted to maintain that diversity which the university the student applied to did not have.

DeShaney v. Winnebago County Social Services (1989)

A child was abused by the father, the State Department of Social Services took custody of the child at one point, then gave the child back. The child was later hospitalized with bruises all over his body and brain damage. The father was sent to prison and the mother sued the Department of Social Services for returning the child to the father claiming that it was a violation of the Fourteenth Amendment, which forbids the state from depriving "any person of life, liberty, or property, without due process of law." The Supreme Court ruled against the mother because the Constitution does not protect children from their parents, therefore the government was not at fault.

Becoming a Judge

All federal judges are appointed for life by the President, there are over 800 federal judges. These appointments must be approved by the Senate. When selecting a candidate some of the factors that influence choosing a candidate are the person's political philosophy, they should think like the President, another is their appointment approval chances, their age, their race, and their gender. 20% of all Supreme Court appointments have been rejected by the Senate, there is a long history of the Senate refusing nominees. Before a President appoints a judge he submits a list of nominees to the Senate where they give the President advise and consent, and this is where that list of nominees really thins out because the Senate refuses the nominees.

Courts and Policymaking

Judicial review is when the courts have the power to rule a law or action taken by the other two branches unconstitutional, this is not mentioned in the constitution, it was established in the Marbury v. Madison case. Judicial activism is when judges take an active role in checking the power of the other branches. Judicial restraint is when judges who believe the decision of the elected bodies of government should hold true.