Saturday, August 7, 2010

What are the main steps the Supreme Court takes on deciding cases?

1) Writ of certiori is filed by loser of appeal in US district court of appeals.





2) The justices hold a conference to discuss the merits of the appeal- usually some minute constitutional argument.





3) At least 2 justices find the case has merit.





4) The attorneys argue their cases before the full court.





5) The court holds another conference to discuss the case, and hear their own arguments. Except for Clarence Thomas who just points to Justice Antonin Scalia and mumbles ';what he said';





6) Then they vote on the case, just like a jury does.





7a) Then the winners take the most persuasive argument ans a clerk writes it up as the Majority Decision. Other opinions can also be published to support the other judges opinions. And Clarence Thomas just signs the one Antonin Scalia's clerk writes.





7b) Then the losers write their dissent opinion(s) the same way as (7a). These dissents are important because they are often cited as reasons the court goes back later and reverses itself on a decision.

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