POLI 1100 Lecture Notes - Lecture 20: Amicus Curiae, W. M. Keck Observatory, Judicial Restraint
22 May 2018
School
Department
Course
Professor
I. Choosing Cases
a. Hears about 80 cases per year. Get 11,000-12,000 appeals per year. Supreme Court
picks up less than 1% of cases they could choose form.
b. Writ of certiorari and the Rule of Four
i. Most people call it a writ of cert. A written formal petition asking the Supreme
Court to review a case. Have to fine $250.
ii. 9 justices on supreme court. Each Justice has 5-6 clerks. Clerks usually are top
graduates from top law schools. Justice hires someone with same ideology.
iii. Clerks go through the writs of certs. The clerks summarize and make a
recommendation.
iv. 4 justices need to agree that a case needs to be heard.
v. They are not using majority rules. Gives power to minority on the court.
Depending on spread of court, even if one ideology is in the minority, they have
a little power on which cases to hear.
vi. Why do they pick some cases over others (best guesses)
1. Cases that involve Solicitor General are more likely to be heard
2. Amicus briefs can affect whether a case is picked up. How many amicus
briefs and what they say is a big signal. The Justices can use the amicus
brief pile as a signal about a case.
a. Can tell how controversial the case is
b. Amicus brief from interest groups, president, members of
congress, etc.
c. Justices soeties aoid cases that they do’t at to deal
with
3. Timing
a. Not quite sure what triggers idea of timing
b. Knows that it is often in position of resolving big problems
c. Sometimes problems come along they know they have to solve.
But sometimes they igore cases that they do’t thik the SC
should deal with
d. Famous case: Brown v Board was in 1954. This is at the tipping
point.
i. Gay marriage debate.
e. Bush v gore: presidential election was undecided for weeks.
Florida had ballot problems. Debate on whether SC did the right
thing.
c. Other influences: solicitor general, amicus curiae briefs, case timing
i. Solicitor general: person who argues for US government.
ii. If Solicitor Geeral files, it shos that it is’t a friolous case
II. Deciding Cases in the Supreme Court
a. How a case is heard before the court
i. Consider each case for one hour total. 30 minutes for one side, 30 minutes for
another side.
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Choosing cases: hears about 80 cases per year. Supreme court picks up less than 1% of cases they could choose form: writ of certiorari and the rule of four, most people call it a writ of cert. Have to fine : 9 justices on supreme court. Clerks usually are top graduates from top law schools. Justice hires someone with same ideology: clerks go through the writs of certs. The clerks summarize and make a recommendation: 4 justices need to agree that a case needs to be heard, they are not using majority rules. How many amicus briefs and what they say is a big signal. The justices can use the amicus brief pile as a signal about a case: can tell how controversial the case is, amicus brief from interest groups, president, members of congress, etc. But sometimes they ig(cid:374)ore cases that they do(cid:374)"t thi(cid:374)k the sc should deal with: famous case: brown v board was in 1954.
