law and policy

Our legal system is a crucial part of maintaining oversight of liberty and of the two other branches of our Federal and State governments, the legislative and executive branches. Our judges have come under attack by President Trump in various settings when decisions have not upheld his Administration’s perspectives (see other resources in this week’s folder for videos).  Let’s take a look at exactly how individuals become Federal judges or Supreme Court Justices. 

Remember – there was an empty Supreme Court seat and President Obama’s candidate, Merrick Garland was NOT EVEN INTERVIEWED by the Senate – no confirmation hearing at all. Who got that seat? how did that happen – keep these things in mind as you read. As justices retire, the President of the United States will nominate replacements who support his viewpoints thus shaping the courts and laws for decades. Think about the process!!

What happened during the confirmation of the latest Justice Brett Kavanaugh? How might his confirmation change the court and decisions? 

https://www.supremecourt.gov/about/biographies.aspx

http://www.cafc.uscourts.gov/judges

Select a judge or justice and discuss their credentials and background.

Select a case for which the judge or justice is famous and discuss why that case is important.

Overview of the Federal Court
System

Dr. Barbara Cohen, PhD, JD, RN

Federal Court System
• Supreme Court – Highest Court
• Courts of Appeal – Intermediate Level
• District Courts – Lowest Level

District Courts
•  Lowest level in the Federal Court System
•  94 judicial districts in 50 states and territories
•  No appellate jurisdicLon – no appeals are heard here
•  Original jurisdicLon over most cases – this is where cases are
iniLally heard, where first trials will take place.

•  Examples of District Courts:
•  Eastern District of New York – in Long Island and Brooklyn
•  Southern District of New York – in Lower ManhaUan
•  US District Court for the District of New Jersey (Newark, Trenton
and Camden)

Courts of Appeal
•  Intermediate Level in the Federal Court System
•  12 regional circuit courts including the D.C. circuit
•  No original jurisdicLon – appeals only
•  This court does not try cases from the beginning of the case. These
courts hear appeals from the (trial) District Courts.

•  Examples of Courts of Appeals
•  1st Circuit Court of Appeals – Maine, New Hampshire, Puerto
Rico, MassachuseUs and Rhode Island

•  2nd Circuit Court of Appeals – New York, ConnecLcut and
Vermont

•  3rd Circuit Court of Appeals – New Jersey, Parts of Pennsylvania,
and Delaware

Supreme Court of The United States
(SCOTUS)

•  The Supreme Court is the highest court in the land.
•  9 JusLces (with the Honorable JusLce Neil Gorsuch recently
filling JusLce Antonin Scalia’s seat a`er JusLce Scalia’s death.

•  Note that Supreme Court appointments are for LIFE. This is to
ensure that there is no undue influence on a jusLce for fear of
losing his or her posiLon.

•  The Supreme Court has appeals jurisdicLon through the
cerLorari process (Cases are appealed to the Supreme Court
and permission is requested for a hearing. Not all cases are
heard.)

•  The Supreme Court has limited original jurisdicLon of cases
between states, between a state and a foreign government
and in suits against a foreign ambassador or ministry so as to
provide an unbiased court in which to hear these maUers.

Specialty Courts
•  There are quite a few specialty courts in the Federal
Court system in which technical, complex knowledge of
smaller specialLes is required.
•  Examples of specialty courts are:
•  Bankruptcy Court
•  Admiralty Court/MariLme Court
•  Tax Court
•  Court of Federal Claims
•  Court of InternaLonal Tarde
•  Court of Appeals for the Armed Forces
•  Court of Appeals for Veterans Claims