| Question | Answer |
|---|---|
| The lawyer who represents the federal government and argues cases before the Supreme Court is the ..... | solicitor general |
| When using judicial restraint, a judge will usually.... | defer to the decisions of the elected branches of government |
Who represents the US before the Supreme Court? When the United States government is one of the parties being represented in a Supreme Court case, it is represented by the office of Solicitor General. The Solicitor General is appointed by the President and is part of the US Department of Justice, serving under the US Attorney General.
When the United States government is one of the parties being represented in a Supreme Court case, it is represented by the office of Solicitor General. The Solicitor General is appointed by the President and is part of the US Department of Justice, serving under the US Attorney General.
the 1803 Supreme Court case that established the courts' power of judicial review and the first time the Supreme Court ruled an act of Congress to be unconstitutional judicial review the power of the courts to review actions taken by the other branches of government and the states and to rule on whether those actions are constitutional
- nominated by the president and confirmed by the Senate circuit courts the appeals (appellate) courts of the federal court system that review decisions of the lower (district) courts; also called courts of appeals
The United States solicitor generalThe United States solicitor general represents the federal government of the United States before the Supreme Court of the United States. The solicitor general determines the legal position that the United States will take in the Supreme Court.
The Court holds oral argument in about 70-80 cases each year. The arguments are an opportunity for the Justices to ask questions directly of the attorneys representing the parties to the case, and for the attorneys to highlight arguments that they view as particularly important.
Before issuing a ruling, the Supreme Court usually hears oral arguments, where the various parties to the suit present their arguments and the Justices ask them questions. If the case involves the federal government, the Solicitor General of the United States presents arguments on behalf of the United States.
Lawyers present oral arguments before the Court. The Rule of Four determines which cases are granted a writ of certiorari. A decision is announced after preparing majority, concurring, and minority opinions. The Court discusses the case in a private conference and takes a preliminary vote.
Paul ClementPaul Clement argued the most times with 30 total arguments. Neal Katyal was second with 21 arguments. Jeffrey Fisher had the third most with 18 arguments and Kannon Shanmugam had the fourth most with 15 arguments.
dissent. n. 1) the opinion of a judge of a court of appeals, including the U.S. Supreme Court, which disagrees with the majority opinion. Sometimes a dissent may eventually prevail as the law or society evolves.
-The solicitor general is the lawyer who represents the federal government before the Supreme Court: He or she decides which cases (in which the United States is a party) should be appealed from the lower courts and personally approves each one presented (Figure 13.11).
Chief Justice of the United StatesThe Honorable John G. Roberts, Jr., is the 17th Chief Justice of the United States, and there have been 103 Associate Justices in the Court's history.
Definition of judiciary 1a : a system of courts of law. b : the judges of these courts. 2 : a branch of government in which judicial power is vested. Other Words from judiciary Example Sentences Learn More About judiciary.
The task of the Office of the Solicitor General is to supervise and conduct government litigation in the United States Supreme Court. Virtually all such litigation is channeled through the Office of the Solicitor General and is actively conducted by the Office.
John G. Roberts, Jr.John G. Roberts, Jr., Chief Justice of the United States, was born in Buffalo, New York, January 27, 1955. He married Jane Marie Sullivan in 1996 and they have two children - Josephine and Jack.
the SenateNomination & Confirmation Process Article II section 2 of the Constitution states that the Presidents "shall nominate, and by and with the Advice and Consent of the Senate, shall appoint ... Judges of the Supreme Court..." U.S. Const. art.
the appeals (appellate) courts of the federal court system that review decisions of the lower (district) courts; also called courts of appeals
the trial courts of the federal court system where cases are tried, evidence is presented, and witness testimony is heard
one chief justice and eight associate justices
a Supreme Court custom in which a case will be heard when four justices decide to do so
the division of the courts into two separate systems, one federal and one state, with each of the fifty states having its own courts
literally a "friend of the court" and used for a brief filed by someone who is interested in but not party to a case
closed meeting of the justices to discuss cases on the docket and take an initial vote
the appeals (appellate) courts of the federal court system that review decisions of the lower (district) courts; also called courts of appeals.
a Supreme Court custom in which a case will be heard when four justices decide to do so
an order of the Supreme Court calling up the records of the lower court so a case may be review ed; sometimes abbreviated cert.
the division of the courts into two separate systems, one federal and one state, with each of the fifty states having its own courts
closed meeting of the justices to discuss cases on the docket and take an initial vote
Four of the nine justices must vote to accept a case.
The Senate is smaller than the House.
The surge in voter interest during presidential elections will fall during midterm elections.
The solicitor general is the lawyer who represents the federal government before the Supreme Court: He or she decides which cases (in which the United States is a party) should be appealed from the lower courts and personally approves each one presented ( Figure 13.11 ). Most of the cases the solicitor general brings to the Court will be given a place on the docket. About two-thirds of all Supreme Court cases involve the federal government. 55
Former clerk Philippa Scarlett, who worked for Justice Stephen Breyer, describes four main responsibilities: 48
Prepare the justices for oral argument: Clerks analyze the filed briefs (short arguments explaining each party’s side of the case) and the law at issue in each case waiting to be heard.
Help with emergencies: Clerks also assist the justices in deciding on emergency applications to the Court, many of which are applications by prisoners to stay their death sentences and are sometimes submitted within hours of a scheduled execution.
The Supreme Court of the United States, sometimes abbreviated SCOTUS, is a one-of-a-kind institution. While a look at the Supreme Court typically focuses on the nine justices themselves, they represent only the top layer of an entire branch of government that includes many administrators, lawyers, and assistants who contribute to and help run the overall judicial system. The Court has its own set of rules for choosing cases, and it follows a unique set of procedures for hearing them. Its decisions not only affect the outcome of the individual case before the justices, but they also create lasting impacts on legal and constitutional interpretation for the future.
The more activity, the more likely the case will be placed on the docket. 53 But more recent research broadens that perspective, suggesting that too much interest-group activity when the Court is considering a case for its docket may actually have diminishing impact and that external actors may have less influence on the work of the Court than they have had in the past. 54 Still, the Court takes into consideration external influences, not just from interest groups but also from the public, from media attention, and from a very key governmental actor—the solicitor general.
During oral arguments, each side’s lawyers have thirty minutes to make their legal case, though the justices often interrupt the presentations with questions. The justices consider oral arguments not as a forum for a lawyer to restate the merits of the case as written in the briefs, but as an opportunity to get answers to any questions they may have. 59 When the United States is party to a case, the solicitor general (or one of the solicitor general's assistants) will argue the government’s position; even in other cases, the solicitor general may still be given time to express the government’s position on the dispute.