These are closed-door sessions for the nine justices only, no law clerks or other staff. In addition to hearing oral arguments, the justices meet twice a week for conferences. The Supreme Court hears cases from October through April. If the petitioner requests, they can make a rebuttal to the respondent’s comments. But there are transcripts of oral arguments dating back to 1968 available to read and there audio recordings starting in 2010.Īs with briefs, the petitioner makes their oral arguments first, followed by the respondent. Oral arguments before the Supreme Court are open to the public, although seating is limited and fills up quickly for high-profile cases. This is the real purpose of the oral arguments, for the justices to clarify the arguments being made and even voice objections to them. The Supreme Court tries cases differently than the criminal or civil courtroom procedures commonly portrayed on TV.įor each case, lawyers for both sides are given 30 minutes to make “oral arguments.” Rather than using this time to exhaustively lay out their case, the lawyers usually make a short opening statement and then take questions from the justices. The United States Supreme Court, 2009 3: Oral Arguments solicitor general might also file a brief summarizing the government’s position on the case. If the federal government isn’t a party in the case, the U.S. Additional briefs called amicus curiae (Latin for “friend of the court”) may be filed by individuals and groups not directly involved in the case, but who have an interest in its outcome. The justices and their clerks read these briefs carefully and use them to form their first opinions on the case. By the Supreme Court’s rules, briefs can’t exceed 50 pages and the petitioner gets to file its brief first, followed by the respondent. Briefs are summaries of each side’s argument in the case, laying out the facts and explaining why the lower court’s ruling should be upheld or overruled. Once a case is accepted and added to the Court’s docket, the first step is for the two parties to file briefs. 2: File Briefsįor all cases that are appealed to the Supreme Court, there are two sides: a “petitioner” and a “respondent.” The petitioner is the party that is appealing the lower court’s decision, and the respondent is the party that wants to uphold the decision. The cases that are chosen are issued a writ of certiorari, a formal request by the Supreme Court to review the lower court’s decision. At least four out of the nine justices must vote “yes” for a case to make the cut. The justices meet twice a week for a private conference, and a part of one of those weekly conferences is dedicated to discussing potential cases and deciding which ones to accept. Justices may also choose to hear cases that they feel are personally “important” or that address significant social or political issues. In general, the Supreme Court is more likely to accept cases in which the lower courts’ rulings were in disagreement, therefore creating a conflict of law that the justices could resolve. Each justice hires three to four law clerks-top graduates from prestigious law schools-who read through a portion of those 7,000 petitions and write memos summarizing the cases and making recommendations on whether the Supreme Court should hear them. Law clerks do much of the heavy lifting of reviewing petitions to the Supreme Court. While a rare few cases originate in the Supreme Court, the nation’s highest court is primarily an appellate court, meaning it rules on opinions already made by lower courts. The Supreme Court can only accept between 100 and 150 cases a year out of the 7,000 cases that it’s asked to review.
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