The Federal Court System

1. The Federal Court System What is the role of district courts? How are courts of appeal and the Supreme Court similar? Different? How are federal judges selected? When is senatorial courtesy used? What is the importance of a nomination?

2. District Courts • Trial courts of original jurisdiction (94) • At least one per state (CA, TX, NY have 4 each!) • Cases must involve one of three categories: • federal government • federal question based on claim under USC, treaty, statute (federal question jurisdiction) • civil suits of citizens from two states if over $75,000 • Cases decided by a single judge (possibly with jury). • Each district has a U.S. attorney (chief law officer) nominated by Prez/confirmed • assistants based on litigation

3. (Circuit) Courts of Appeal • 11 numbered appellate courts with no original jurisdiction. • Cases decided by three-judge panels • 12 and 13 are D.C. and Federal Circuit (patents, etc.)—12th is 2nd most important • Cases are appeals from district courts (90%) or agencies • “courts of last resort” for most federal litigation • Correct errors of procedure or law. • Submit a brief to have a case heard • Decisions set a precedent for only that circuit (USSC for entire nation) • Judges may abide by stare decisis (“Let the decision stand”), choosing whether to use precedents to make new decisions • Can allow for predictability in the system; however, moving away (a lot more litigation)

4. Federal Court System

5. The Supreme Court • Appellate and original jurisdiction • Reviews US Court of Appeals courts, final interpreter of USC • Often decides highly controversial issues • Ensures uniform interpretation of laws/Constitution • Resolves state conflicts, maintains national supremacy • Nine justices hear decisions en banc, or together by majority vote

6. Supreme Court Justices, 2013 Top L-R: Sotomayor, Breyer, Alito, Kagan Bottom L-R: Thomas, Scalia, CJ Roberts, Kennedy, Ginsburg

7. Selecting a Federal Judge • President makes appointments, confirmed by Senate (Judiciary Committee) • Political process and ramifications; “philosophical stamp” • Have usually held other political offices (judge, prosecutor) • Use of senatorial courtesy • Presidents give selection of district court judges to senator from state of vacancy • Filibustering of appointments • Presidents want to achieve policy objectives; often wrong about assumptions about appointees i.e., Warren)

8. Nomination Criteria for the SC • Competence and experience • use of ABA ratings based on qualifications • Ideology or policy preferences • Most presidents want to appoint those with same policy preferences (despite supposed “neutrality”) • The “litmus test” to examine ideology of judges • Rewards or political support • Friends of presidents • Party affiliations (Roberts and Alito—Republican) • Political pressure to respond to demographic differences • Religion, race, ethnicity, and gender • Most have been Protestant, 11 Catholic, 7 Jewish • Only 2 AA, Women on Court in history

9. Appointments to Federal Courts

10. Supreme Court Confirmation • List of potential nominees sent to FBI and ABA. • Candidates investigated and rated • Interest groups mobilize lobbying efforts • The Bork nomination 1987 • Senate holds committee hearings (Judiciary committee) • Since the 1980s, common for Senate to ask nominees questions— “confirmation hearings” • Interest groups often have a stake in these hearings/recommendations • Full Senate votes on nominee

11. p. 358-366 • How does the SC decide to hear a case? • Where do a majority of cases heard by the SC come from? • How many cases come before the court each year for review? • How many cases are actually heard? • What is a writ of certiorari (writ of cert)? • How is the rule of four related to writs of cert? • What is the importance of the solicitor general? • What is an amicus curiae (amicus) brief? • Who uses them and why?