GOVT2305: American Government 2
Lectures 12: The United States Supreme Court

Supreme Court

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

Supreme Court

• Highest court with final appellateauthority.

  - Supreme Court decisions are final.
  - Supreme Court precedents are binding on all lower courts including state courts.

• Limited number of cases heard each year.

  - Constitution requires that there be a live case or controversy - No advisory opinions allowed
  - Court has discretion to hear cases.
  - Generally only hears cases where there is a conflict between circuits or a constitutional issue.
  - 4 of the nine justices have to agree for a **writ of certiorari** to be granted and the case to be heard.

• Limited original jurisdiction.

    - Cases involving ambassadors, public ministers, and consuls.
    - Cases between states.

Stare Decisis and the Supreme Court

• Lower courts are bound by Supreme Court decisions

    - If they defy the Supreme Court's precedent, the Supreme Court could overturn their rulings

Stare Decisis and the Supreme Court

• Lower courts are bound by Supreme Court decisions

• The Supreme Court is not bound by any other court

    - No other court can overturn the Supreme Court

Stare Decisis and the Supreme Court

• Lower courts are bound by Supreme Court decisions

• The Supreme Court is not bound by any other court

• The Supreme Court pays deference to its own prior decisions

    - This is not absolute

Stare Decisis and the Supreme Court

• Plessy v. Ferguson (1896)

    - 14th Amendment
    - Separate but Equal public accommodations

• Brown v. Board of Education (1954)

    - 14th Amendment
    - Separate is inherently unequal
    - Overturned Plessy after a gap of 58 years

Stare Decisis and the Supreme Court

• Lochner v. New York (1905)

    - Substantive due process
    - 14th Amendment
    - Overturned New York restriction on the number of hours bakers could work
    - No single case overturned it

• West Coast Hotel Co. v. Parrish (1937)

    - Allowed some regulation of the labor market

• Williamson v. Lee Optical of Oklahoma (1955)

    - Court unanimously declared that it would no longer use the 14th Amendment to strike down state regulation of business and industrial conditions. 

Stare Decisis and the Supreme Court

• Baker v. Nelson (1972)

    - Minnesota Supreme Court ruled that limiting marriage licenses to two persons of the opposite sex "does not offend" the US Constitution
    - On appeal, the US Supreme Court dismissed the appeal for want of a substantial federal question
    - federal appeals courts (properly) treated the Minnesota decision as binding after the Supreme Court let it stand

• Obergefell v. Hodges (2015)

    - The United States Supreme Court found that the right of same sex couples to marry is protected by the United States Constitution

Stare decisis and the US Supreme Court

• Roe v. Wade (1973)

    - The United States Supreme Court ruled that states could not regulate abortion during the first trimester of pregnancy
    - The ruling allowed states to regulate abortion in the 2nd trimester to protect the state's interest in protecting the health of the mother
    - The ruling allowed states to regulate or band abortion in the 3rd trimest to protect the state's interest in the life of the unborn child

Stare decisis and the US Supreme Court

• Casey v. Planned Parenthood (1992)

    - Reaffirmed the right to abortion
    - Overruled the trimester framework with an "undue burden" test
    - allowed requirements of informed consent, parental consent, and a 24-hour waiting period
    - replaced third trimester with "fetal viability"

• Dobbs v. Jackson Women’s Health Organization (2022)

    - Overruled Roe and Casey
    - No right to abortion is found in the US Constitution
    - Returned the issue to the states

Authorship and License

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• Author: Tom Hanna

• Website: tomhanna.me

• License: This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.