Con Law Study Guide: Forcing the Spring & Storm CenterPetitions of certiorari – petitions that seek review but may be granted or denied at the Court’s discretion – memos usually prepared by the clerks of justices – 99% of the docketcomes from here3 ways court gets jurisdiction: 1) Article III original jurisdiction; 2) congressional legislation granting appellate jurisdiction; 3) Court’s interpretation of 1 and 2 + its own rules for accepting casesoriginal jurisdiction – hardly any cases in modern times – example is NJ vs. NY (1998) stating 90 percent of Elis Island belongs to NJwrit of habeas corpus – court has jurisdiction to review cases by prisoners who claim their constitutional rights have been violated leading them to unlawful imprisonmentdicta – Justice statements of personal opinion or philosophy not necessary to the decision handed downstare decisis – “let the prior decision stand” – promotes uniformity and stability of the law – Justice Douglas (1939-1975) stare decisis not acceptable bc new issues come up that can’t be solved w/ old resolutionsDIG (dismiss as improvidently granted) – majority override the rule of four after a case has been granted cases may be denied if a case:1) lacks adverseness – from time to time acceptances are made: when both parties agree how an issue should be resolved but need judicial ruling. Court grants amicus curiae (“friend of the court”) opinion to ensure opposition (1983 Immigration and Naturalization Service v. Chadha)2) is brought by parties who lack standing to sue3) or poses an issue that is not ripe4) has become moot5) involves a political questionCourt of Appeals Act of 1891 and Judiciary Act of 1925 substitute mandatory appeals for those of certiorari – establishment of rule of 4Marshall’s Court (1801-1835) – John AdamsThe Taft Court (1921 – 1930) - Harding- led campaign that ended with Congress passing Judiciary Act of 1925 – basically established jurisdiction of modern court – repealed mandatory review of appeals with writs of certiorari – overall allowed the Court to set its own agendao mandatory appeals: those involving reapportionment, some anti-trust matters, cases under the Civil Rights and Voting Rights acts, and Presidential Election Campaign Fund ActHugh’s Court (1930-1941) - Hoover- started handling of in forma pauperis petitions (indigents’ petitions – from those who can’t afford to pay for an appeal) and The Dead List (cases that are not discussed at conference and simply denied)- 1891 Evart’s Act – Congress provides relief to the Court by creating circuit courts of appealsStone’s Court (1941-1946) - FDRThe Vinson Court (1946-1953) - TrumanThe Warren Court (1953-1969) –Eisenhower - liberal- Gideon v. Wainwright (1963) – Clarence Earl Gideon is 50 year old petty criminal, 1961 arrested in Panama City, Florida and requests attorney bc he can’t afford one but judge doesn’t provide o 6th amendment doesn’t clarify – Betts v. Brady (1942) Court decides only in special circumstances is counsel requiredo using liberal jurisprudence the majority extends providing attorney to the poor in federal and state courts- standing with taxpayers: logical relationship between taxpayer’s status and the challenged legislature / precise nature of const. infringement- Baker v. Carr (1962) – the standing using “political question” in cases of voting reversed when blacks and minorities in urban areas were denied right to vote. NOT political question bc it deals with state representation- Activist court – reversed 45 precedentsThe Burger Court (1969-1986) - Nixon- creation of the Legal Office – in house office that advises Justices on procedure and jurisdiction, as well as handle most Article III original jurisdiction cases- bureaucratic response to rising case loads - focus on judicial administration and efficiency – brought technological and managerial improvements to the court (ex: creation of the Office of the Administrative Assistant)- standing: tight in Sierra Club v. Morton (1972) but loose in U.S. v. SCRAP (1973)o Valley Forge Christian College v. Americans United for Seperation of Churchand State (1982) – Court denies standing to challenge against Dep. Of Health for giving an old military hospital to a Christian College – Rehnquist: standing under Flast v Cohen (1968) limits standing to only challenges of congressional acts, not administrative agencies- reversed 52 decisions made by the previous liberal courts- expanded size of oral argument calendar to accommodate more cases- Cohen v. California (1971) – criminal conviction of man who wore jacket reading “fuck the draft” – Court overturns based on 1st Ammendment: 4 letter words are not obscene and may symbolically express political ideas- Justice Powell – 1972 proposes and establishes cert pool – all justices have their clerks screen certiorari petitions before Justices review themThe Rehnquist Court (1986-2005) – Reagan - conservative- tightens law of standing w/ environmental litigation (Lujan v. Defenders of Wildlife 1992 – defenders claimed injury bc they used parks protected overseas and plan to goback – Scalia majority opinion: nah you can’t prove any injury- not willing to grant review bc of alleged conflicts in lower courts – must be “deep conflict” involving more than 2 circuit courtsThe Roberts Court (2005-present) – George W. Bush – conservative- further limits “tax payer standings” under Flast in Hein v. Freedom From Religion Foundation, Inc. (2007)- Justice Scalia and Thomas criticize the trend toward narrow rulings and refusal to overturn precedents Appointment of Justices- Article II sec. 2 – “the President shall nominate, and by and with the advice and consent of the Senate, shall appoint” members of the federal judiciary- Most presidents delegate task of selecting small group to review for possible nomination to top advisors and attorneys – also get informal approval by ABA (until Reagan) - Justice Douglas – liberal justice appointed by conservative President Ford – voted toget Douglas impeached in 1970 but when appointed to VP by Reagan he owed favorsto him when he resigned in ’74. Pressure to nominate the first woman, but conservatives pushed for nomination of Robert Bork (yale law professor) -> Bork was Nixon’s solicitor general; Ford afraid of having nomination stricken down by liberal senate & possible controversy bc