CRM/LAW C165 Lecture Notes - Lecture 1: Life Tenure, Roberts Court, Harry Blackmun
3 May 2018
School
Department
Course
Professor
Mechanics of the United States Supreme Court
• composition
o 9 Justices (not judges)
o nominated by President, confirmed by Senate
o life tenure
o 1 chief
▪ administers court, but no extra vote
▪ same nomination process as appointment
▪ can be elevated from Associate or appointed from outside
o 8 Associates
▪ seated by seniority
• how do cases reach the Supreme Court?
o writ of certiorari
▪ court will hear the case
o 6,500 writs filed/year
▪ <5% granted
o requires vote of 4 Justices
▪ note strategic implications
o stay of execution requires 5 votes
▪ Clarence Hill case and Chief Roberts
• “Cert. pool”
o Justices (and clerks) share review of cert. petitions
o alternative is for the Justice to review all in his/her own chambers
o 8 Justices in the cert. pool
▪ Stevens in exception
o Justices (and clerks) share review of cert. petitions
o alternative is for the Justice to review all in his/her own chambers
o 8 Justices in the cert. pool
▪ Stevens is exception
• Supreme Court and Death Penalty
o stay of execution require 5 votes
o emergency stays
▪ each justice assigned a circuit
• Puzzler
o questions
▪ Explain what Justice Douglas meant by “if four can grant and the
opposing five dismiss, then the four cannot get a decision of the case on
the merits”
▪ a man named Clarence Hill was executed while the Supreme Court was
preparing to hear his case. Using what you’ve learned, explain how this
can happen.
• Argument
o usually 30 min/side
o attorneys only, no witness, no jury
o justices famously interrupt with sometimes nasty, always difficult question
• deciding cases
find more resources at oneclass.com
find more resources at oneclass.com
