UNITED STATES SUPREME COURT JANUARY 2011

8/7/2019 UNITED STATES SUPREME COURT JANUARY 2011

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THE UNITED STATESTHE UNITED STATES

SUPREME COURTSUPREME COURT

THOMAS B. COOKE, BA, JD, LLM, MLT

DISTINGUISHED TEACHING PROFESSOR

GEORGETOWN UNIVERSITY

THE MCDONOUGH SCHOOL OF BUSINESS

WASHINGTON, DC

[email protected] January 2011


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Professor Thomas B. CookeProfessor Thomas B. Cooke

BA, JD, LLM, MLTBA, JD, LLM, MLT

High School

Don Bosco Prep. (NJ)

Undergraduate

BA, Villanova University Dean of Students,

Georgetown Prep. (MD)

Law

Georgetown University LawCenter

JD

LLM

MLT

Maryland State

Prosecutor

Maryland Public Defender

Private Law Practice Adjunct Professor

George Washington

Georgetown

Distinguished TeachingProfessor

Georgetown University

Owner, TBC Stables


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A History LessonA History Lesson

Summer 2005

-resignation of

Justice OConnor

Summer 2009

-resignation of

Justice Souter

Summer 2010

-resignation of JusticeStevens

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Summer 2009Summer 2009

Supreme Court VacancySupreme Court Vacancy

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Justice David SouterJustice David Souter

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Justice David SouterJustice David Souter

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Judge Sonia Maria SotomayorJudge Sonia Maria Sotomayor

Nominated by

President Obama

to become the

111thjustice. 3rd

female justice.

Federal Court of

Appeals judge onthe 2nd Circuit

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Sonia Maria SotomayorSonia Maria Sotomayor

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At Confirmation HearingAt Confirmation Hearing

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With Mom and DadWith Mom and Dad

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at Yankee Stadiumat Yankee Stadium

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With Her Mom, CelinaWith Her Mom, Celina

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Nominated: May 2009Nominated: May 2009Committee: 13Committee: 13--66

Senate: 68Senate: 68--3131Sworn In: August 8, 2009Sworn In: August 8, 2009

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Role of the Senate JudiciaryRole of the Senate Judiciary

CommitteeCommittee

1. Ask questions of the nominee

2. Vote Up or Down, nominee needs amajority vote

3. If the Committee approves the

nomination, the name goes before the

full Senate where a majority vote is

needed. There were 60 Democratic Senators.

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Background InformationBackground Information

Sonia Maria SotomayorSonia Maria Sotomayor 55 years of age (June 25, 1954) 17 years of federal court experience

Born in the Bronx, NY

Puerto Rican, raised Catholic

Princeton University, 1976, summa cum laude

Yale Law School, 1979, EditorYale Law Journal

Nominated to US District Court (George H.W.

Bush)

Nominated to US Court of Appeals (William

Clinton) 1515


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Background, continuedBackground, continued

Assistant District Attorney, NYC (5 years)

Private law practice, 1984

29 NO votes (all Republican) whennominated for the US Court of Appeals

On the US Court of Appeals, 2nd Circuit,

Judge Sotomayor has heard appeals inmore than 3,000 cases and she has

written about 380 opinions

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ControversyControversy

On May 29, 2009, in a 5-4 decision, the

US Supreme Court reversed a decision

written by Judge Sotomayor.

The name of the case is Ricci v.

DeStefano.

At issue was a decision by New Haven,

Conn., to throw out a promotion exam for

firefighters because virtually no minorities

scored well enough to qualify. Contd

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RicciRicci

The Supreme Court ruled that the citys fear of a

racial discrimination lawsuit by minority

firefighters wasnt by itself enough to allow it to

discriminate against the white candidates whodid well enough to earn promotions.

Writing for the majority, Justice Anthony

Kennedy cited a violation of Title VII, which

prohibits discrimination on the basis of race,

gender or religion.

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RICCIRICCI

Decision Reverses 2Decision Reverses 2

ndnd

CircuitCircuit Before the Second Circuit, the case wasargued before a three-judge panel.

Supreme Court Vote

5 4

Kennedy Thomas Ginsburg SouterRoberts Alito Stevens

Scalia Breyer

2020


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Summer 2005Summer 2005

Supreme Court VacancySupreme Court Vacancy

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Justice Sandra Day OConnorJustice Sandra Day OConnor

Chief Justice William RehnquistChief Justice William Rehnquist

Justice OConnor announced her resignation from theU.S. Supreme Court on July 1, 2005.

On July 19, President Bush nominated John G. Roberts,

Jr. to replace Justice OConnor. On September 6, President Bush nominated John G.

Roberts, Jr. to replace Chief Justice Rehnquist

On October 4, President Bush nominated Harriet E.Miers to replace Justice OConnor.

On October 28, the White House withdrew the Miersnomination.

On October 31, President Bush nominated Samuel A.Alito, Jr. to replace Justice OConnor.


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Chief Justice John G. Roberts, Jr.Chief Justice John G. Roberts, Jr.

DOB: January 27, 1955 (54)

2001: Nominated to the Circuit Court of Appeals for theDistrict of Columbia

2003: Re-Nominated

Senate Judiciary Committee: 16-3 Full Senate: Unanimous

July 19, 2005: Nominated by President George W. Bushto fill seat of Justice OConnor

Sept. 3, 2005: Chief Justice William Rehnquist dies

Sept. 6, 2005: Nominated as Chief Justice Senate Judiciary Committee: 13-5 (Sept. 22, 2005)

Full Senate: 78-22 (Sept. 29, 2005)

Sworn In: September 29, 2005


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Judge Alitos BackgroundJudge Alitos Background

DOB: April 1, 1950 (59)

Princeton University

Yale Law School

Editor of the Yale Law Journal

Law Clerk for a federal court of appeals judge

Army Reserves honorable discharge

Justice Department Office of Legal Counsel

Federal Prosecutor

U.S. Attorney for New Jersey

Assistant to the Solicitor General

Nominated by President George H.W. Bush for Court of Appeals(age 39)

Judge on the U.S. Court of Appeals for the 3rd Circuit. 15 years experience


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Alitos VotesAlitos Votes

Senate Judiciary Committee: + 2

Full Senate: + 8


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STARE DECISISSTARE DECISIS

Vertical Stare DecisisVertical Stare Decisis

Horizontal Stare DecisisHorizontal Stare Decisis


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Vertical Stare DecisisVertical Stare Decisis

Up and Down

U.S. Courts of Appeals (13) must follow the

U.S. Supreme Court Decisions


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Horizontal Stare DecisisHorizontal Stare Decisis

Side to Side

The U.S. Supreme Court does not have to

follow a decision of the U.S. Supreme Court.


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Justice Sandra Day OConnorJustice Sandra Day OConnor


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Justice John Paul StevensJustice John Paul Stevens

Notice of ResignationNotice of Resignation

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The Stevens VacancyThe Stevens Vacancy

President Obamas Selection

Elena Kagan

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Elena KaganElena Kagan

Former Dean, Harvard Law School

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Elena Kagan Graduating from Harvard Law SchoolElena Kagan Graduating from Harvard Law School

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BackgroundBackground

EducationalEducational

DOB: April 28, 1960 (50)

Princeton, BA History, Summa Cum Laude(1981)

Oxford, Masters (1983)

Harvard Law School (1986) Supervisory Editor, Harvard Law Review

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BackgroundBackground

ProfessionalProfessional

Clerk, US Court of Appeals

Clerk, US Supreme Court

Professor, University of Chicago LawSchool

Associate White House Counsel and

Policy Adviser, President Clinton Nominated to the US Court of Appeals for

DC Circuit (No Action Taken)

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Professional BackgroundProfessional Background

ContinuedContinued

Professor and Dean, Harvard Law School

(2003-2009)

Solicitor General of the United States,President Obama (2009-2010)

Nominated to the US Supreme Court,

President Obama, May 10, 2010

Single

Conservative Judaism

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Senate: 59 Democrats 41Senate: 59 Democrats 41

RepublicansRepublicans

Nominated: May 10, 2010

Committee: 13-6 July 20, 2010

Senate: 63-37

Sworn In: August 7, 2010

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Senate Committee Vote wasSenate Committee Vote was

Along Party LinesAlong Party Lines

Only one Republican member of the Senate Finance

Committee voted for Ms. Kagan.

Senator Lindsey Graham (R., S.C.)*

* In 2009, Senator Graham was the only Republican

member of the Committee to support Justice SoniaSotomayor.

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Senator Lindsey GrahamSenator Lindsey Graham

(R., S.C.)(R., S.C.)

Im going to vote for Ms. Kagan because Ibelieve the last election had

consequences this President chose

someone who is qualified, who has the

experience and knowledge to serve on the

Supreme Court.

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Senator Orin Hatch (R., Utah)Senator Orin Hatch (R., Utah)

She (Ms. Kagan) supports an activistjudicial philosophy, and her political views

drive her legal views.

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Senator Al Franken (D., Minn.)Senator Al Franken (D., Minn.)

Its 5-4 decision after 5-4 decision wherecorporate America wins and working

Americans lose.

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44thth Female JusticeFemale Justice

OConner 1981 President Reagan 99-0

Ginsburgh 1993 President Clinton 96-3

Sotomayor 2009 President Obama 68-31

Kagan 2010 President Obama 63-37

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STATE COURT SYSTEMSTATE COURT SYSTEM

STRUCTURESTRUCTURE

STATE SUPREME COURTSTATE SUPREME COURT

COUNTY COURTCOUNTY COURT

LOCAL COURTLOCAL COURT


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FEDERAL COURT SYSTEMFEDERAL COURT SYSTEM

STRUCTURESTRUCTURE

US COURT OF APPEALS 13

US DISTRICT COURTS >100

MAGISTRATES COURT


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US Court of AppealsUS Court of Appeals


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9th Circuit9th Circuit

San Francisco, CASan Francisco, CA


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US District CourtsUS District Courts


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THE US SUPREME COURTTHE US SUPREME COURT

STATE SUPREME COURT US CT OF APPEALS

STATE COUNTY COURT US DISTICT

COURT

STATE LOCAL COURT MAGISTRATES

COURT


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THE UNITED STATESTHE UNITED STATES

SUPREME COURTSUPREME COURT 9 JUSTICES

INCLUDING THECHIEF JUSTICE

APPOINTED BY THEPRESIDENT

WITH THECONSENT OF THE

US SENATE APPOINTED FORLIFE


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THE SUPREME COURTTHE SUPREME COURT ROB

ERT

S (2005) BUSH 78-22

KAGAN (2010) OBAMA

63-37

SOTOMAYOR (2009) OBAMA

68-31

AlLITO (2006) BUSH 58-42

BREYER (1994) CLINTON

87-9

GINSBURGH (1993) CLINTON

96-3

THOMAS (1991) BUSH

52-48 KENNEDY (1988) REAGAN

97-0

SCALIA (1985) REAGAN

98-0


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THE SUPREME COURTTHE SUPREME COURT

20102010--2011 Term2011 Term ROBERTS 1955 HARVARD

SCALIA 1936 HARVARD

KENNEDY 1936 HARVARD

THOMAS 1948 YALE GINSBURG 1933 COLUMBIA

BREYER 1938 HARVARD

ALITO 1950 YALE

SOTOMAYOR 1954 YALE

KAGAN 1960 HARVARD


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ReligionReligion

Roberts Catholic

Alito Catholic

Thomas Catholic

Kennedy Catholic Scalia Catholic

Sotomayor Catholic

Ginsburg Jewish

Breyer Jewish

Kagan Jewish


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The JusticesThe Justices

20092009--20102010


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No Cameras AllowedNo Cameras Allowed


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The Senates RoleThe Senates Role

Advice and ConsentAdvice and Consent


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APPEALS TO THE SUPREMEAPPEALS TO THE SUPREME

COURTCOURT DISCRETIONARY REVIEW CASES

MAJORITY OF CASES THAT ARE APPEALED TO THECOURT

NON-DISCRETIONARY REVIEW CASES See ARTICLE III (US CONSTITUTION) SECTION 2

IN ALL CASES AFFECTING AMBASSADORS, OTHERPUBLIC MINISTERS AND CONSULS, AND THOSE IN WHICH

A STATE SHALL BE A PARTY, THE SUPREME COURTSHALL HAVE ORIGINAL JURISDICTION. IN ALL OTHERCASES THE SUPREME COURT SHALL HAVE APPELATEJURISDICTION


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The PlayThe Play

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The MovieThe Movie

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Justice Samuel ChaseJustice Samuel Chase

(1796(1796--1811)1811)

Associate Justice of the Supreme Court(nominated by President Washington) anda signer of the US Declaration of

Independence as a representative ofMaryland.

Justice Chase was served with 6 articlesof Impeachment by the House in late1804.

The Senate voted to acquit.


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Justice Samuel ChaseJustice Samuel Chase

44--1717--17411741


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Unsuccessful Nominations to theUnsuccessful Nominations to the

Supreme CourtSupreme Court

George Washington (2)

James Madison (2)

John Quincy Adams (1) Andrew Jackson (1)

John Tyler (8)

James K. Polk (1) James Buchanan (1)


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Unsuccessful NominationsUnsuccessful Nominations

ContinuedContinued

Andrew Johnson (1)

Ulysses S. Grant (3)

Grover Cleveland (2)

Herbert Hoover (1)

Lyndon Johnson (1)

Richard Nixon (2)

Ronald Reagan (2) Robert Bork (42-58)

Douglas H. Ginsburg (withdrew)

George W. Bush (1) Harriet Miers (withdrew)


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Robert BorkRobert Bork


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Douglas H. GinsburgDouglas H. Ginsburg


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Harriett MiersHarriett Miers


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The Presidents NomineeThe Presidents Nominee

Documents

UNITED STATES SUPREME COURT JANUARY 2011