Federal Courts & Judicial Review

• Federal courts are the topic of discussion

The Constitution and the Judiciary

• Article III creates the federal judiciary, including the Supreme Court.
• Lower courts are set up by Congress.
• Federal courts preside over cases arising under the Constitution, federal laws, treaties, and disputes between states.
• Judges maintain their positions during good behavior and receive consistent compensation, insulating them from political influences.
• Courts address only actual disputes, avoiding advisory opinions.

The Power of Judicial Review

• Judicial Review is the power to determine if actions taken by the other branches of government and states are unconstitutional, rendering the action null and void.
• In 1803, the Supreme Court assumed the power of Judicial Review, extending it to all lower federal and state courts.

The U.S. Court System

• Before the Constitution, only state courts were established.
• The U.S. has separate federal and state courts.
• The Supreme Court is the final court of appeal in all cases.
• The U.S. court system operates as a hierarchy.
• Losing parties can appeal their cases to higher courts: first to the circuit courts, then to the Supreme Court if the justices agree.
• Guidelines from earlier cases are Precedents, from the Supreme Court, shaping court operations.

Federal District Courts

• Federal District Courts are the entry point for cases involving federal laws, the Constitution, Congress, or other federal issues in criminal and civil matters.
• There are 94 U.S. Federal District Courts.
• Every state has between 1 and 4 districts.
• Evidence is presented, and witnesses are questioned by both sides.
• The government is represented by a U.S. Attorney, appointed by the President with Senate approval, in criminal cases.
• Juries decide the final verdict in cases.

Circuit Courts of Appeals

• Circuit Courts review appeals from federal district courts.
• They focus on legal reasoning, not re-examining facts.
• Cases are heard in the circuit where the district court hearing occurred.
• Lawyers use briefs and oral arguments without new evidence or witnesses.
• A rotating panel of 3 judges makes the decision.
• An en banc review, where all judges participate, adds credibility.
• These courts are arranged in 12 circuits, with a 13th circuit court specializing in cases like patents and copyrights.

The U.S. Supreme Court

• U.S. Supreme Court cases come from either circuit courts (U.S. Courts of Appeals) or state supreme courts.
• To appeal to the Supreme Court, the petitioner petitions for writs of certiorari, an order calling up lower court records for review.
• The Supreme Court hears fewer than 100 cases a year, or fewer than 2% of petitions.
• The Rule of Four requires 4 out of 9 justices to agree to hear a case.
• Accepted cases are placed on the docket, and each party submits written arguments known as briefs.
• Those not party to the case can submit briefs called Amicus Curiae briefs to advocate for one side.
• Oral arguments last an hour per party, with 30 minutes allocated for each party to speak and answer questions from the Justices.
• Oral arguments are public, but cameras are prohibited.
• The Solicitor General argues the government's position when the United States is a party.
• Justices discuss the case in a closed conference and take an initial vote.
• A tie vote means the lower court's decision stands.
• The reasoning is formalized as the majority opinion if more than half the justices agree.
• Justices who agree with the majority but for a different reason may write a concurring opinion.
• Justices disagreeing with the majority may write a dissenting opinion.

The Selection of Federal Judges/Justices

• Federal judges and Supreme Court Justices are nominated by the president and must be confirmed by a Senate majority.
• Presidents typically consult a list maintained by the American Bar Association for recommendations.
• There are no requirements for federal judges.
• The Senate Judiciary Committee conducts interviews with nominees before Senate votes.

Senate Confirmation

• Before the Senate votes, the Senate Judiciary Committee conducts extensive, multi-day interviews with the nominee.
• Senators ask thorough questions to assess the nominee's judicial views.
• Originalists favor justices who interpret the Constitution strictly, limiting federal power, and protecting states' rights.
• Living Constitutionalists prefer flexible interpretations to adapt the federal government to changing times.

Contentious Confirmations

• March 2016: President Obama nominated Merrick Garland to replace Justice Scalia, but Senate Majority Leader Mitch McConnell withheld hearings.
• McConnell's strategy resulted in Neil Gorsuch's confirmation in 2017 after Trump's inauguration.
• Republicans used the "nuclear option" to prevent Democrats from filibustering Gorsuch's approval.
• 2018: Trump appointed Brett Kavanaugh, confirmed amid allegations of assault from Christine Blasey Ford.

The Current Supreme Court

• Congress determines the number of Supreme Court justices.
• The original court in 1789 had 6 justices.
• Has been 9 since 1869.
• Current Chief Justice: John G. Roberts
• Current Associate Justices: Clarence Thomas, Samuel A. Alito, Sonia Sotomayor, Elena Kagan, Neil M. Gorsuch, Brett M. Kavanaugh, Amy Coney Barrett, and Ketanji Brown Jackson

Explore the foundations of the federal judiciary under Article III of the Constitution, including the establishment of lower courts by Congress. Understand the power of Judicial Review, assumed by the Supreme Court in 1803, which allows courts to determine the constitutionality of government actions.