3rd ranking official in the Department of Justice. Solicitor general – In charge of appellate court litigation of the federal government. Four key functions (has staff of 24) Decide whether to appeal cases the US has lost Review and modify briefs for govt appeals Represent the US in the Supreme Court Submit briefs on behalf of litigants they choose to support. If they get a reputation for being judicious in what cases they choose, they can get a high % of cases they select picked up by the court. Making Decisions Issue about 80 rulings a year / 24 or so are per curiam meaning without explanation. – October - June two week cycles of hearing cases and writing opinions. – Oral arguments - written briefs provided amicus curiae briefs. Interest groups, and more importantly, the feds, can submit these briefs. Each lawyer has 30 minutes to make their case, and justices can interrupt. They conference, vote, opinion writing. If Justice is in the majority, he writes opinion or chooses someone to do so. If not in majority, senior most justice in the majority takes that role. If landmark chief writes it. All are circulated and edited. – Dissenting opinions and concurring (agree but for a different reason) opinions also. If there is a tie due to recusal, lower court ruling stands. Need 5 votes to establish judicial precedent. Majority of cases that reach the court are settled on stare decisis let the decision stand. – The court has overruled its own precedent over 200 x. Most famous Brown v Board. – Press coverage no videos. – Page 525 important section on original intent strict constructionism. – – Implementing Court Decisions Judicial implementation depends on other branches. interpreting population lawyers and judges must understand the decision – implementing population police, teachers, etc who change to abide by the decision. – The more people involved, the greater the chance of slippage. Consumer population must be aware of their newfound rights and stand up for them. – Congress and President can work with or against rulings. The Courts and the Policy Agenda A Historical Review Pre-Civil War strength of Feds and slavery – C War 1937 Feds in the economy – – 1938 present personal liberty, social and political equality – – John Marshall – Marbury v. Madison judicial review – FDR –
Solicitor general – 3rd ranking official in the Department of Justice. In charge of appellate court litigation of the federal government. Four key functions (has staff of 24) Decide whether to appeal cases the US has lost Review and modify briefs for govt appeals Represent the US in the Supreme Court Submit briefs on behalf of litigants they choose to support. If they get a reputation for being judicious in what cases they choose, they can get a high % of cases they select picked up by the court. Making Decisions Issue about 80 rulings a year / 24 or so are per curiam – meaning without explanation. October - June – two week cycles of hearing cases and writing opinions. Oral arguments - written briefs provided amicus curiae briefs. Interest groups, and more importantly, the feds, can submit these briefs. Each lawyer has 30 minutes to make their case, and justices can interrupt. They conference, vote, opinion writing. If Justice is in the majority, he writes opinion or chooses someone to do so. If not in majority, senior most justice in the majority takes that role. If landmark – chief writes it. All are circulated and edited. Dissenting opinions and concurring (agree but for a different reason) opinions also. If there is a tie due to recusal, lower court ruling stands. Need 5 votes to establish judicial precedent. Majority of cases that reach the court are settled on stare decisis – let the decision stand. The court has overruled its own precedent over 200 x. Most famous – Brown v Board. Press coverage – no videos. Page 525 – important section on original intent – strict constructionism. Implementing Court Decisions Judicial implementation depends on other branches. interpreting population – lawyers and judges must understand the decision implementing population – police, teachers, etc who change to abide by the decision. The more people involved, the greater the chance of slippage. Consumer population – must be aware of their newfound rights and stand up for them. Congress and President can work with or against rulings. The Courts and the Policy Agenda A Historical Review Pre-Civil War – strength of Feds and slavery C War – 1937 – Feds in the economy 1938 – present – personal liberty, social and political equality John Marshall – Marbury v. Madison – judicial review FDR –
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