Glossary
Amicus Curiae Briefs
Literally 'friend of the court' briefs, these are submitted by individuals or groups not directly involved in a case but who have a strong interest in the outcome.
Example:
Environmental organizations often submit amicus curiae briefs in cases involving regulations that could impact natural resources.
Briefs
Written legal arguments submitted by each side in a Supreme Court case, detailing their legal reasoning and relevant precedents.
Example:
Before briefs are submitted, lawyers spend months researching and drafting their detailed legal arguments for the justices to review.
Checks and Balances
The system of overlapping powers among the legislative, executive, and judicial branches designed to prevent any one branch from becoming too powerful.
Example:
The President's power to appoint justices and Congress's power to confirm them are examples of checks and balances on the judiciary.
Concurring Opinion
An opinion written by a Supreme Court justice who agrees with the outcome of the majority decision but for different legal reasons or with different reasoning.
Example:
A justice might write a concurring opinion to emphasize a specific legal principle they believe is crucial, even if they agree with the final ruling.
Court-Curbing
Actions taken by the legislative or executive branches to limit the power, jurisdiction, or influence of the Supreme Court.
Example:
Proposals to reduce the Supreme Court's budget or limit its appellate jurisdiction are examples of court-curbing measures.
Court-Packing
A controversial proposal to increase the number of justices on the Supreme Court, typically to alter its ideological balance.
Example:
President Franklin D. Roosevelt's court-packing plan in the 1930s was a highly contentious attempt to overcome judicial opposition to his New Deal policies.
Dissenting Opinion
An opinion written by one or more Supreme Court justices who disagree with the majority's decision and its legal reasoning.
Example:
Justice Sotomayor often writes a powerful dissenting opinion when she believes the majority has misinterpreted the Constitution.
Enforcement of Rulings
The responsibility of the executive branch, often with state cooperation, to carry out and ensure compliance with Supreme Court decisions.
Example:
The enforcement of rulings in Brown v. Board of Education required federal intervention and significant effort to desegregate schools.
Federalist 78
An essay by Alexander Hamilton arguing for an independent judiciary with lifetime tenure and the power of judicial review, emphasizing its role in protecting the Constitution.
Example:
Federalist 78 posits that the judiciary is the 'least dangerous' branch, as it possesses 'neither force nor will, but merely judgment.'
Judicial Philosophy
The differing approaches justices take to interpreting the Constitution, broadly categorized as judicial restraint (strict adherence) or judicial activism (willingness to shape policy).
Example:
A justice practicing judicial restraint might be hesitant to overturn a long-standing law, preferring to defer to the elected branches.
Judicial Review
The power of the Supreme Court to declare acts of the legislative and executive branches unconstitutional.
Example:
In Marbury v. Madison, the Supreme Court established the power of judicial review, a cornerstone of its authority.
Jurisdiction
The authority of a court to hear and decide a particular type of case.
Example:
A case involving a dispute between two states would fall under the Supreme Court's original jurisdiction.
Legislative Action (Court-Curbing)
Congress's ability to limit the Supreme Court's jurisdiction, pass new laws, or propose constitutional amendments to counter Court decisions.
Example:
After a controversial ruling, Congress might consider legislative action to clarify or even restrict the types of cases the Court can hear.
Majority Opinion
The official decision of the Supreme Court, reflecting the views of the majority of justices, which sets the legal precedent for future cases.
Example:
When the Supreme Court issues a majority opinion, it becomes the law of the land, binding on all lower courts.
Oral Arguments
Verbal presentations made by lawyers to the Supreme Court justices, typically lasting 30 minutes per side, where justices can ask questions.
Example:
During oral arguments, the justices often interrupt lawyers with tough questions, probing the legal reasoning behind their case.
Partisanship (in the context of the Court)
The perception or reality that Supreme Court justices' decisions or confirmation processes are influenced by political party loyalties or ideologies.
Example:
The highly contentious confirmation hearings for recent justices have fueled concerns about increasing partisanship on the Supreme Court.
Precedent
A previous court decision that serves as an authoritative rule or guide for future similar cases, ensuring consistency in legal interpretation.
Example:
The landmark ruling in Roe v. Wade served as a precedent for abortion rights for nearly 50 years until it was overturned.
Presidential Appointments
The President's power to nominate Supreme Court justices, which can significantly shift the Court's ideological balance over time.
Example:
A president's legacy can be significantly shaped by their presidential appointments to the Supreme Court, influencing policy for decades.
Refusal to Implement (Court-Curbing)
The executive branch's rare and controversial choice not to fully enforce or carry out a Supreme Court decision.
Example:
President Andrew Jackson's alleged refusal to implement the Worcester v. Georgia ruling demonstrated a historical challenge to judicial authority.
Tenure (Lifetime Appointment)
The practice of Supreme Court justices serving for life, or until retirement, resignation, or impeachment, designed to ensure judicial independence.
Example:
The lifetime appointment of justices is designed to insulate them from political pressures and allow them to make impartial decisions.
Writ of Certiorari
A formal request to the Supreme Court to review a case from a lower court, requiring the agreement of at least four justices (the 'Rule of Four').
Example:
Thousands of petitions for a writ of certiorari are filed each year, but the Supreme Court only grants a small fraction of them.
Writ of Habeas Corpus
A legal order requiring that a person who has been arrested or imprisoned be brought before a court to determine if their detention is lawful.
Example:
A prisoner might file a writ of habeas corpus if they believe they are being held without sufficient legal cause or due process.