Federal Courts: Judicial Review and Structure

• Lesson 10 is about the Federal Courts

The Consitution and The Judiciary

• Article III creates the federal judiciary, including the Supreme Court
• Congress can set up lower courts.
• Federal courts have jurisdiction over cases involving the Constitution, federal laws, treaties, and disputes between states and more
• Judges maintain their positions during good behavior and receive fixed compensation and protection from political pressures
• Courts decide real disputes only and don't give advisory opinions.

The Power of Judicial Review

• At the heart of the judicial system is the power of Judicial Review, the power to determine that actions from other branches of government and the states can be ruled unconstitutional, which would render the action null and void
• The Supreme Court established Judicial Review for itself in 1803, allowing all lower federal and state courts the same power.

The U.S. Court System

• Only state courts existed before the Constitution
• A dual court system—separate federal and state courts (each state has its own) is present
• The Supreme Court serves as the final court of appeal in all cases
• The U.S. court system operates as a hierarchy format
• Losing parties can appeal to circuit courts, then, if the justices agree, to the U.S. Supreme Court
• Precedents are guidelines from earlier cases (especially by the Supreme Court) that shape how courts operate.

Federal District Courts

• Federal District Courts handle initial cases including federal laws, the Constitution, Congress, and other federal issues that deal with both criminal and civil cases
• There are 94 U.S. Federal District Courts with every state holding at least one court, but larger states can have up to four courts
• Both sides question and present evidence and witnesses
• In criminal cases, the government is represented by a U.S. Attorney - one per district, chosen by the President with Senate approval.
• Juries decide the final verdict.

Circuit Courts of Appeals

• Circuit Courts examine appeals from federal district courts concentrating on legal reasoning, not facts.
• The cases are heard in the circuit including the district court where the case was originally heard.
• Lawyers use written briefs and give oral arguments in court, but no new evidence or witnesses are present
• The decision is made by a rotating panel of three judges.
• An en banc review (all judges present) adds extra credibility.
• These courts are arranged in 12 circuits with an additional 13th circuit hearing cases on patents and copyrights

The U.S. Supreme Court

• The U.S. Supreme Court takes cases from circuit courts (U.S. Courts of Appeals) or state supreme courts
• To appeal to the Supreme Court, the petitioner (party that lost in the lower-level court) asks the court for writs of certiorari, an order of the Supreme Court to call up the lower court records for review.
• The Supreme Court commonly hears no more than 100 cases annually, less than 2% of those petitioned
• Four out of nine justices must agree to hear a case, known as the Rule of Four
• Once the court accepts the instance and places it on the docket, each party submits written arguments, known as briefs
• Parties not involved can also submit briefs as advocates of one of the parties involved in the case, called Amicus Curiae briefs
• Each side presents oral arguments lasting roughly one hour, with each party presenting for 30 minutes to respond to questions from Justices
• The oral arguments are open to the public, without cameras
• The Solicitor General argues the government's position in cases where the United States is a party.
• Justices then discuss the case in conference (closed meeting) and make an initial vote
• In the event of a tie vote the lower court's decision stands
• The majority opinion explains the decision, agreeing with more than half of the nine justices
• A concurring opinion may be written by Justices who agree with the majority for a different reason
• A dissenting opinion may be written by Justices who disagree.

The Selection of Federal Judges/Justices

• Federal judges and Supreme Court Justices are nominated by the president and require a majority vote from the senate to be confirmed
• The president typically uses a referral list maintained by the American Bar Association
• The U.S. Constitution has no set requirements for federal judges

Senate Confirmation

• The Senate Judiciary Committee conducts an extensive, multi-day interview with the nominee before the Senate votes
• Senators ask tough questions to assess the nominee's views:
  • Originalists favor justices in strict interpretation of the Constitution, limiting federal power and protecting states' rights
  • Living Constitutionalists prefer a flexible understanding, allowing the federal government to adapt to changing times.

Contentious Confirmations

• In March 2016, President Barak Obama nominated Merrick Garland to replace Justice Antonin Scalia after his unexpected death
• The Senate majority leader Mitch McConnell saw an opportunity to hold on to the Republican seat and decided to hold no hearings on Garland's nomination
• McConnell's choice paid off when the Senate confirmed Neil Gorsuch in 2017 under President Trump
• Republicans used the "nuclear option” to forestall the democrats from filibustering the approval of Gorsuch.

Recent Contentious Confirmations

• Trump appointed Brett Kavanaugh to the Supreme Court in 2018
• During the confirmation hearings, Christine Blasely Ford accused Kavanaugh of sexually assaulting her in the 1980s, leading to an FBI investigation
• Kavanaugh was later confirmed by the Senate

The Current Supreme Court

• Congress decides the number of justices on the Supreme Court
• The court had six justices in 1789
• The Supreme Court contains nine justices since 1869
  • The Justices are:
    • Chief Justice, John G. Roberts
    • Associate Justice Clarence Thomas
    • Associate Justice Samuel A. Alito
    • Associate Justice Sonia Sotomayor
    • Associate Justice Elena Kagan
    • Associate Justice Neil M. Gorsuch
    • Associate Justice Brett M. Kavanaugh
    • Associate Justice Amy Coney Barrett
    • Associate Justice Ketanji Brown Jackson

Explore the structure and powers of the federal courts as established by the Constitution. Learn about Article III, judicial review, and the dual court system. Understand the jurisdiction and authority of federal courts in resolving disputes and interpreting laws.