Before the segregation cases, the Supreme Court was not on the side of de-segregation. The standing doctrine was the doctrine of separate but equal.
Before the segregation cases, the Supreme Court was not on the side of de-segregation. The standing doctrine was the doctrine of separate but equal.
The Supreme Court is very powerful in that it is able to review acts by Congress or the Executive Branch and determine them to be unconstitutional. The Court is also able to "legislate from the bench," or effectively create law through court cases (known as precedents). Therein lies the Supreme Court's weakness, however, as it is generally unable to act independently - the Court must, in most cases, wait for a case to appear in a lower court or wait for an act by one of the other branches in order to "legislate."
Generally speaking, on the US Supreme Court, the deciding vote in an ideological decision is Justice ANTHONY KENNEDY.
When the Court accepts a case, each side sends the Court a brief and detailed written report supporting its side of the case.
The written document explaining the logic of the winning side in a Supreme Court case is known as the "opinion of the Court." This opinion outlines the legal reasoning and principles that guided the justices' decision, articulating how they interpreted the law and applied it to the case at hand. It serves as a precedent for future cases and is essential for understanding the Court's rulings. Justices can also write concurring opinions to express additional views or dissents to disagree with the majority.
In order to have an appeal heard by the Supreme Court, a person must file a "petition for a writ of certiorari," asking the Court to review a case and issue an order, called a writ of certiorari, to the the lower (usually) appellate court requesting the relevant files and transcripts be sent to the Supreme Court.Most appeals originate in the US Court of Appeals Circuit Courts; however, the justices also hear some cases on direct appeal from US District Courts and US Court of Appeals for the Armed Forces, as well as from State supreme courts (or their equivalent). In the event a State supreme court rejects an appeal, the justices may consider a petition directly from an intermediate state appellate court.Origin of US Supreme Court CasesUS Court of Appeals Circuit CourtsState Supreme Courts (or their equivalent)US District Courts (under special circumstances, only)US Court of Appeals for the Armed ForcesUS Court of International TradeUS Court of Federal ClaimsIntermediate State appellate courts (if the State Supreme Court rejects the appeal)
Virtually anyone can attend oral arguments in the US Supreme Court, because most cases are heard in open court and there are special accommodations for the general public, justices' guests and law clerks, members of the Supreme Court Bar, etc. Other than the nine justices, the only people allowed at bar (on the justices' side of the fence) are the attorneys arguing the case, their co-counsel (if applicable), and any amici ("friends" who are not party to the case but have an interest in its outcome) who have been given leave to speak before the court.
Under original (trial) jurisdiction (disputes between the states);Under appellate jurisdiction from federal courts;Under appellate jurisdiction from the states if the other avenues of appeal have been exhausted and the case involves a preserved federal question.
Cases come to the Supreme court in two ways:Under original jurisdiction, which currently includes only disputes between the states.Under appellate jurisdiction, where the case (usually) has exhausted all appeals in the federal or (sometimes) state court system.Basically, a case can go to the Supreme Court through appeals. Another way a case can make it to the Supreme Court is if it involves changes to the federal law.Cases are not directly filed with the US Supreme Court. They must begin in the Federal Circuit in one of the US District Courts or in a state trial court.If a verdict unsatisfactory to one side in the case is rendered, the next step is to appeal that case to the US Federal Court of Appeals for the Federal District in which the District Court was located, or to the court of appeals for the state in which the case was originally tried.If the verdict is still unsatisfactory, it may be submitted to the US Supreme Court (unless the case originated in the state court system, in which case it must be petitioned to the state supreme court first) which will then decide on whether it wishes to hear the case, or not.If not - they will remand it back to the Court of Appeals for final jurisdiction. If they DO accept it, they will hear arguments from the attorneys for both sides, and then each Justice will render their own opinion on the case. The majority of opinions decides the case.
To keep the trial in order and to allow the convict and victim to tell their side of the case.
The Justices of the U.S. Supreme Court interpret the law. When we say "the Court" (meaning the U.S. Supreme Court), we mean the Justices of the Supreme Court. The Court (the Justices) decide "sticking points" in law and hand down a "final" decision on the matter. In general, the U.S. Supreme Court (collectively) will decide which cases to hear, and this from among those brought up to it. The Court (the Justices) review the particulars of each case, and then hear or decline to hear that case. For cases that are heard, the Court will review what has been done in the lower courts, and will consider new material presented to it. At the end of the presentation of all material, the Court will review all that is before them on a given case, and each justice will take a side and decide the case. The Court may split with "half" the Justices on one side and "half" on the other side. (There are an odd number of Justices, so there are no "ties" to be reckoned with.) Then a majority opinion and a minority opinion will be rendered. The cases heard by the Court allow the Court to offer final adjudication of the case, and set precedents in law. Supreme Court Justices hear a limited number of cases on final appeal, and interpret the law relative to the United States Constitution. They also have Original Jurisdiction (first court) over conflicts between the states. They judge certain court cases that usually improve the U.S. and make history. One of the most famous cases was "Brown vs. (The) Board of Education." They are also responsible for interpreting the Constitution and federal law, and monitoring how those rules are applied in the real world. Their main functions are to interpret the Constitution and to examine challenged laws to ensure they comply with constitutional mandates.