Exam 3 Judicial.docx - Genesis of Supreme Court Cases...

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04/07/2016 ° Genesis of Supreme Court Cases Supreme Court Jurisdiction (TSC 9) o Original jurisdiction (set by art III) Disputes btwn states; some to which a state is a party (federal question; diversity of citizenship) [11 th amendment] Disputes btwn a state and the federal government Cases involving foreign diplomats; maritime law o Appellate jurisdiction (set by congress) Decisions from federal appellate courts Decisions from highest state courts, raising issues of federal law Decisions from special three-judge federal district courts Two kinds of cases o Ordinary litigation—litigants seek court decision on a matter directly affecting them (e.g. Mapp v. Ohio [1961]) o Political/policy litigation—litigants seek court decision on a major policy issue that affects them (must have standing) (eg NFIB v. Sebelius [2012]) o Many cases combine both (eg Obergefell v. hodges [2015]) ° Supreme court litigants Petitioner/appellant : party seeking change or reversal of a state of affairs (eg lower court ruling; existing policy) Respondent/appellee : party seeking to preserve a state of affairs Litigants might be private individuals, private organizations, or governments/agencies ° Attorneys Supreme court cases often involve several kinds of attorneys in several kinds of capacities
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o Amicus curiae (‘friend of the court’)—file briefs on behalf of a litigant/interest; often not coordinated with any litigant o Represents litigants Office of the solicitor general One-time supreme court advocates Professional supreme court advocates (eg Daniel Webster; ted olson; paul clement; John Roberts [before appointment]) Your thoughts? o Should there be a professionalized supreme court bar? o What are advantages and disadvantages of a professionalized supreme court bar? ° Interest groups and the supreme court Interest group activity o Initiate litigation (Ashcroft v ACLU [2003]; NAACP v. Alabama [1958]) o Identity, support, and/or sponsor litigation (brown v. board of education [1954]; DC v. Heller [2008]) o File amicus curiae briefs Most common and least costly form of involvement Emphasize issues and arguments; hopefully sway the decision 0.63 amicus briefs per case 1956-1965; 8.93 per case in 2010 kinds of interest groups o economic/business/occupational groups (eg AFL-CIO; Google, US Chamber of Commerce) o Noneconomic/identity groups (eg AARP; NAACP) o Ideological/issue groups (eg ACLU; ACLJ; NRA; planned parenthood) o Governments and governmental groups (eg National League of Cities; National Governors Association)
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Interest group strategies and tactics o Strategies: litigation v. lobbying v. voter mobilization o Tactics: case selection; level of support Significance of interest groups o Most cases heard by the court have little or no meaningful interest group support o Others garner support once put on the courts docket (eg amicus briefs o Few reach the court only because of interest group activity Your thoughts?
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