Documente Academic
Documente Profesional
Documente Cultură
Citizens United v. FEC (2010) upheld spending restrictions infringed on the free
speech rights of corporations and unions
SCs campaign finance ruling illustrates 3 key points:
o Judiciary is an important policymaking body
o Judiciary has considerable discretion in its rulings
o Judiciary is a political as well as legal institution; campaign finance ruling was
a product of contending political forces, had political continent, and was
decided by political appointees (all five justices that voted to allow unlimited
which hear appeals; and the district courts, which hold trials.
Judicial decisions are constrained by applicable constitutional law, statutory law and
ii. Concurring opinion: a separate view written by a justice who votes with
the majority but disagrees with the reasoning
iii. Dissenting opinion: justices on the losing side explain the reasons for
disagreeing with the majority position
6. Other Federal Courts
a. US District Courts
i. Are the lowest federal courts; federal district courts are the chief trial
courts of the
ii. Are the only
where the
federal system
courts in the federal system
two sides present their
case to a jury for a
verdict
iii. Lower federal courts rely on and follow Supreme Court decisions in
their own rulings
iv. Still, idea that they are rigidly bound to SC rulings is part of the uppercourt myth
1. District court judges might misunderstand the SCs position
and deviate from it for that reason
2. Facts of a case before a district court are seldom identical to
those of a case settled by the SC
3. Ambiguities or unaddressed issues in SC rulings give lower
courts some flexibility in deciding cases
v. Most federal cases end with the district courts decision
b. US Courts of Appeals
i. Courts of appeals do not use juries; appellate judges act as
supervisors in the legal system
1. Appellate courts base their decision on a review of the lower
courts records
ii. Are 13 courts of appeals; 11 of them have jurisdiction over a circuit
made up of the district courts in anywhere from 3 to 9 states
b. Within the Senate, the key body is the Judiciary Committee, whose members
have responsibility for conducting hearings on judicial nominees and
recommending their confirmation or rejection by the full Senate
c. Today, a nominee with strong professional and ethical credentials is less likely
to be blocked for partisan reasons alone
2. Lower-Court Nominees
a. President typically delegates to the deputy attorney general the task of
identifying potential nominees for lower-court judgeships
b. Senatorial courtesy holds that a senator from the state in which a vacancy
has arisen should be consulted on the choice of the nominee if the senator is
of the same party as the president
c. Lower-court appointments are collectively significant; a president who serves
two terms can shape the federal judiciary for years to come
d. More than 90% of the recent district and appeals court nominees have been
members of the presidents political party
3. Personal Backgrounds of Judicial Appointees
a. White males are overrepresented on the federal bench, just as they dominate
in Congress and at the top levels of the executive branch
b. SC has a degree of diversity; 3 are women, 2 are minority-group members
The Nature of Judicial Decision Making
1. Legal Influences on Judicial Decisions
a. Article III bars a federal court from issuing a decision except in response to a
case presented to itsubstantial restriction
i. As to limit judges to issues that arise from actual legal disputes
b. Facts of a particular case also limit judicial action
i. Facts are the relevant circumstances of a legal dispute or offense
c. Judicial decisions are also restricted in their breadth
i. Court ruling is binding only on the parties involved
ii. Its broader impact depends on the willingness of others to accept it
d. The major constraint on the courts is the law itself
i. Although a president or Congress can make almost any decision that
is politically acceptable, the judiciary must work within the confines of
the law
e. Judiciary works within context of 3 main sources of law: Constitution,
f.