Monday, January 22, 2024

Blog Post #2

The Supreme Court is the most powerful judicial body in the world as the United States' highest federal court in the country and the head of our judicial branch. As a legal studies minor and someone who is perusing a career as an attorney I have always been fascinated by the Supreme Court and her relationship with the constitution. I have been especially taken with how the Supreme Court justices interact with one another and how they weld the power bestowed on them. 

"The first thing we do is shake hands" 

Through the video we are able to see up close how some Supreme Court justices view their work. 
I think the statement made by Justice Sandra Day O'Connor,"The first thing we do is shake hands" is important to the understanding of the sanctity of the work being done in Supreme Court deliberations. The fact that Supreme Court justices are not voted on and do not serve terms is also a way for the sanctity of their work to remain untouched by the public's opinion or political views. Instead Supreme Court justices are appointed by the President of the United States, only when an opening on the bench is made. On average Supreme Court justices serve 16 years, but it is a lifetime appointment. I feel that Justice Breyer explained this clearly when he said that the responsibility of the Court falls "to the law and your own conscience, NOT the public".  
I have always enjoyed the relationship between Justice Ruth Bader Ginsburg and Justice Anthony Scalia
The article dives deeper into some of the most influential Supreme Court justices. 


Justice Ginsburg and Justice Scalia
(Justice Ginsburg and Justice Scalia riding an elephant together on one of their many adventures together)


Justice Ruth Bader Ginsburg and Justice Anthony (called Nino with affection from RGB) Scalia were the perfect example of the relationship between two of, in my opinion, the most remarkable justices to have ever served out nation. During RBG's eulogy for Scalia she commented on how the two more often than not disagreed and even sat on opposite ends of the interpretation spectrum, but still had the up most respect for one another. I always felt that this was not only because of their admirable professionalism but also because of the respect they payed to their work. Justices of the Supreme Court sit with the highest honor, and they have an understanding that it is important that they challenge one another and fully deliberate their thoughts in order to respect their work serving the constitution.  


The Importance of Stare Decisis



The article discusses in great detail historic, or better phrased "landmark" cases the Court has presided over. I think that this section was notably important because of the legal principle of "stare decisis" or looking to precedent cases with similar facts to determine the decision of the Court. The Supreme Court has a great history of utilizing and citing past cases in her decisions. Cases such as Texas v. Johnson (1988), a case related to the First Amendment and symbolic speech's protection by the constitution, is still utilized by the Court in her decision making. The cases heard by the Supreme Court and her decision over them leave a lasting impact on not only the Court's future opinions but daily life and the rights of the American people. 


The Process


Although enthralled with all aspects of the Supreme Court, I appreciated how the video explains the process of the Court. The influence of thousands of petitions to the justices requesting the Court to hear the case, range from high priced legal council to prisoners writing with their own ink. When a case arrives to the Supreme Court it has already seen a trial court, and the facts of the case have been establish. The Supreme Court now faces the questions of "Did the lower court apply the law properly? Is the law constitutional?". Each justice is sent newly arrived petitions to review in chambers, with the assistance of a small staff of law clerks and secretaries. The justices then will meet weekly in order to decided which of those cases it is important they hear and argue. They then use the constitution, created by our nation's founders over 200 years ago to decide on present day problems facing our nation. Justice Sandra Day O'Connor explained the "denial of certiorari" is not the Court upholding the opinion of its lower courts and that the case holds no precedent value (which is often misunderstood by the media and public). 






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