THE FEDERAL JUDICIARY

v Introduction/Terminology

Ø Adversarial System—2 different parties bring their conflict before impartial arbiter (judge)

Ø Either/Or

§ criminal law v. civil law

· criminal—state/government brings case, violation of specific law which is harmful to one person or to society as a whole; imprisonment or fine

· civil—dispute between two parties (one may be government) over wide range of issues from contract disputes, divorce cases, child custody personal or property damage

§ trial v. oral argument

§ statutes (laws passed by legislatures) v. common law (accumulation of judicial decisions about legal issues)

§ federal v. state courts—DUAL COURT SYSTEM

§ original jurisdiction v. appellate jurisdiction

§ exclusive (cases that can be heard only in a specific court) v. concurrent (cases heard in either federal or state courts) jurisdiction

Ø Litigants

§ Judges/justices play passive role

§ Plaintiffs—brings charges

§ Defendants—charges brought against

§ Role of interest groups

· Primary role—NAACP (Brown v. Board of Education, 1954) and ACLU

· Amicus curiae—friend of the court brief, are not directly arguing case, may present new information, raise additional points

Ø “standing to sue”—plaintiff has serious interest in a case because they have sustained or are likely to sustain injury from another party or from an action of government

Ø Class action suits—small number of people sue on behalf of all people in similar circumstances

Ø Justiciable disputes—issues capable of being settled as a matter of law

v Structure of the Federal Judiciary System

Ø Constitution—originally had:--ONE—US Supreme Court, Congress given jurisdiction to create more

Ø Judiciary Act of 1789—established current structure of 1 Supreme Court, Circuit Courts of Appeal and District Courts

Ø Constitutional Courts—those formed via the Constitution, created to carry out function of judicial branch—justices/judges serve for life

Ø Legislative Courts

§ Specific jurisdiction

§ Stems from: acts of Congress

§ Examples: Court of Military Appeals, Court of Taxation, Court of International Trade

§ Judges term: fixed terms; do NOT have power of judicial review

Ø FOCUS: Constitutional Courts

§ Original jurisdiction and determine: FACTS of a case, 90% of all court cases begin and end in courts with original jurisdiction

§ Appellate jurisdiction

· Only concerned with: legal issues of case—do NOT review facts of the case

· State to federal?—highest state appellate court—Supreme/Superior Court—only appeal to US Supreme Court

Ø US Districts Courts (91)

§ Overview: at least one in each state, also includes DC and Puerto Rico, only federal TRIAL courts with juries, 2 – 28 judges depending on “load”

§ Jurisdiction:

· Federal crimes

· Civil suits under federal law

· Civil suits between citizens from different states (amount over $75,000)

· Bankruptcy process

· Naturalization issues

· Maritime issues

· Review of actions of federal regulatory agencies

§ Statistics: 98% criminal/civil cases in state/local courts; most cases are settled via plea bargains

§ Diversity of citizenship cases:--civil suits that are between citizens of different states or one state and a foreign country

§ “Players”

· Clerks, bailiffs, stenographers, court reporters, probation officers, federal marshals

· Magistrates: take on load from judges, such as hearing motions, setting bail, preside over some trials

· US Attorney—appointed by President and confirmed by Senate (serve for the President, meaning can be fired by President) ; one per district; pursue violators of federal law and represent US in civil cases against the government

v US Court of Appeals (Circuit Court of Appeals)

Ø appeals from: 75% come from federal district court; can also be appeal from federal regulatory agency such as the EPA, SEC—RARELY case can skip this level from district court and go straight to Supreme Court

Ø 12 Judicial Circuits

§ 4th Circuit Court of Appeal—VA, NC, SC and WVA

§ 9th Circuit Court of Appeal— MT, WA, ID, OR, WA, CA, AL, HI

§ 5th Circuit Court of Appeal—TX, LA, MS

Ø 3 judge panels v. “en banc” (all assigned judges to circuit)—majority decisions

Ø Focus: to correct procedural errors or errors within interpretation of laws

Ø NO trial—hearing only

Ø Precedent: for area they represent, where they have jurisdiction

Ø US Court of Appeals for the Federal Circuit

§ 13th created in 1982—to help with load

§ 12 judges

§ Specialized cases—patents, international trade, cases against the US

v US Supreme Court

Ø Functions

§ National supremacy of law

§ Disputes—settle those between states

§ Uniformity—in the interpretation of national law

Ø Overview

§ 1 Chief Justice & 8 Associate Justices

§ Total number—varies according to Congress, as few as 6 and up to 10 at one time

Ø Jurisdiction (see Table 16.1, page 474)

§ Original

· Foreign diplomats

· State v. US

· 2 or more states

· State citizen v another state

· State and foreign country

§ Appellate

· Federal route (most common)

¨ US Court of Appeals

¨ Circuit Court of Appeals for the Federal Circuit

¨ Legislative Courts

· State route –state Court of Last Resort

The Politics of Judicial Selection

v Nomination and confirmation

Ø Constitutional insulation from public/political pressure—federal judges/justices—in for life term; only removal via impeachment

Ø Power held by President

Ø Power held by Senate

v The Lower Courts

Ø Senatorial courtesy (unwritten tradition)

§ Power of ONE senator to void nomination

· District court nominees—senator from President’s party, from state where nominee will serve

· Circuit court of appeal nominee—senator from President’s party, from state where nominee is from

Ø Vacancy occurs—submission of candidates’ names to Attorney General to be given to President

Ø Vetting of candidates—White House aides, DOJ, FBI

Ø Self-promotion

Ø District court v. court of appeal—President has more power in nomination with circuit court

v Judicial nominations and partisanship politics

Ø Tradition –used to be fast and unanimous confirmation

Ø Change

§ Courts of appeal (trickled down to district courts)

§ Role of interest groups

§ “recess appointments”—used by Bush and Clinton, judge appointed while Congress in recess but only lasts for that Congressional term

§ Use of filibuster to block confirmations

§ Cloture vote – November 2013—Sen. Reid, dropped number to 51 v. 60

v Nomination to the Supreme Court

Ø Presidential legacy

Ø Vacancy . . . 1 every 2 years—VARIES!, 1972 to 1984, only 2; RMN had 3 in 1st 3 years

Ø Vetting –aides, DOJ, FBI, sitting judges and justices, ABA

Ø Role of Senate Judiciary Committee

§ Pre/post 1960s

· Johnson, Nixon & Reagan

· HW Bush and Clarence Thomas

· Clinton—noncontroversial but diverse nominees

· GW Bush

¨ John Roberts—(nominated to replace Chief Justice William Rehnquist) easy nomination due to credentials, professional, skilled testimony before Senate Judiciary Committee

¨ Harriet Miers—BIG difference—nominee with no judicial experience, no substantive record—loyalist to Bush, he was accused of “cronyism”—she takes herself out of contention

¨ Samuel Alito—more controversial than Roberts but much better than Miers

· Obama & Sonia Sotomayor (2009) and Elena Kagan (2010)

§ Opposition most likely if: President in minority party, end of his term, his ideology doesn’t match that of Congress

§ Opposition is supposed to be based on: competence and ethics NOT ideology!