Hearings begin in October every year, and the last cases are usually heard in June. The justices receive briefs, or summaries of arguments, from the lawyers ahead of time. Often they receive amicus curiae, or briefs prepared by interest groups or government agencies that support one side or the other. Amicus briefs set out the group's position on the constitutional issues or discuss some of the more important consequences of deciding the case one way or the other. The hearings are open to the public and have strict time checks. Each side has thirty minutes to present its case. In this thirty minute time span justices usually ask multiple questions and even debate with each other. After the public hearing the justices meet together privately to discuss the case. During the conference each justice is to state his or her position on the case, starting with the chief justice. They will debate the issues, and eventually come to a conclusion. Each justice takes a side, and because of the justices only having nine members, one side always gets more votes than the other. The vote in conference is not final though. The justices have an opportunity to change their vote in response to the opinion supporting the majority decision.
The Supreme Court, begins with the selection of cases they will hear while in session with the process known as the Rule of Four, in which only four justices are needed to hear the case, most cases were petitioned via the writ of certiorari. After they are notified that the supreme court will hear there case, lawyers quickly begin writing their statements, in which they include make arguments in favor of there clients, to submit to the Supreme Court prior to the hearing. They also receive amicus curiae, also known as friend of the court, in which they help to find information and file briefs in favor of the side they are supporting. States may also file amicus briefs, as seen in Gideon vs. Wainwright. Once all of the information is presented the the Supreme Court, they hear the oral arguments(which are open to some of the public and the media), these are normally heard from October(when the session begins) until April. The oral arguments begin at ten AM, with the summoning of the 9 justices by the court marshal. Attorneys are allotted thirty minutes to make their argument, with interjections by the Supreme Court members usually sparking debate. Mainly the attorneys directly related to the parties speak but t is possible for the solicitor general to make arguments as an amicus curiae to one party. Once a week, while also hearing oral arguments,all nine justices will attend a conference in which they review case material led by the chief justice, the justices discuss the case in order of seniority. During these discussions these justices will attempt to persuade the other justices, and after they are finished discussing the case, which does not have to happen all in one conference, they will reach a decision and create the formal opinion of their decision to present when they announce their ruling. If the chief justice votes with the majority they choose who writes the opinion, if not, the decision goes to the most senior member in the majority. Justices who agree with the final decision but for different reasons are able to write concurring opinions in which they state these differences. Members of the minority are able to write a dissenting opinion, in which they voice there reasons for voting against the majority, dissenting opinions are often used for reference in future cases, possibly leading to the reversal of the previous decision
Hearings begin in October every year, and the last cases are usually heard in June. The justices receive briefs, or summaries of arguments, from the lawyers ahead of time. Often they receive amicus curiae, or briefs prepared by interest groups or government agencies that support one side or the other. Amicus briefs set out the group's position on the constitutional issues or discuss some of the more important consequences of deciding the case one way or the other. The hearings are open to the public and have strict time checks. Each side has thirty minutes to present its case. In this thirty minute time span justices usually ask multiple questions and even debate with each other.
ReplyDeleteAfter the public hearing the justices meet together privately to discuss the case. During the conference each justice is to state his or her position on the case, starting with the chief justice. They will debate the issues, and eventually come to a conclusion. Each justice takes a side, and because of the justices only having nine members, one side always gets more votes than the other. The vote in conference is not final though. The justices have an opportunity to change their vote in response to the opinion supporting the majority decision.
The Supreme Court, begins with the selection of cases they will hear while in session with the process known as the Rule of Four, in which only four justices are needed to hear the case, most cases were petitioned via the writ of certiorari. After they are notified that the supreme court will hear there case, lawyers quickly begin writing their statements, in which they include make arguments in favor of there clients, to submit to the Supreme Court prior to the hearing. They also receive amicus curiae, also known as friend of the court, in which they help to find information and file briefs in favor of the side they are supporting. States may also file amicus briefs, as seen in Gideon vs. Wainwright. Once all of the information is presented the the Supreme Court, they hear the oral arguments(which are open to some of the public and the media), these are normally heard from October(when the session begins) until April. The oral arguments begin at ten AM, with the summoning of the 9 justices by the court marshal. Attorneys are allotted thirty minutes to make their argument, with interjections by the Supreme Court members usually sparking debate. Mainly the attorneys directly related to the parties speak but t is possible for the solicitor general to make arguments as an amicus curiae to one party.
ReplyDeleteOnce a week, while also hearing oral arguments,all nine justices will attend a conference in which they review case material led by the chief justice, the justices discuss the case in order of seniority. During these discussions these justices will attempt to persuade the other justices, and after they are finished discussing the case, which does not have to happen all in one conference, they will reach a decision and create the formal opinion of their decision to present when they announce their ruling. If the chief justice votes with the majority they choose who writes the opinion, if not, the decision goes to the most senior member in the majority. Justices who agree with the final decision but for different reasons are able to write concurring opinions in which they state these differences. Members of the minority are able to write a dissenting opinion, in which they voice there reasons for voting against the majority, dissenting opinions are often used for reference in future cases, possibly leading to the reversal of the previous decision
Justice Ginsberg suggests that a lawyer have a good opening and hope to squeeze in a good final statement.
ReplyDeleteThe Solicitor General from the Justice Department is allowed to express the view of the executive branch.
No cameras allowed during oral argument! The press takes notes. Audio recordings are released two weeks after the argument.