Blog #2 (the founding era)

 The United States Supreme Court comprises nine Chief Justices nominated by the President of the United States and confirmed by the Senate. This is a fact that we are taught in grade school. I had assumed that all Justices started on an even playing field all being equal. While they are equal in their ability to write their opinions or dissent on the opinions of the cases during the conference, where they deliberate on the decision, there was an unspoken hierarchy. During a Supreme court hearing a lawyer presents their oral arguments of their petition (case) to the Justices; once the lawyer finishes his argument the Justices ask questions. Sometimes, these questions are based on items in the brief, and sometimes, the questions center on something the Justices see is missing in the brief. Once the case is heard, a few days later, the Justices meet in a “conference” to deliberate. I was surprised to learn that there was an unspoken hierarchy during these discussions or debates. When Chief Justice Rehnquist was an associate, he said sometimes, Justices would have a chance to speak twice or thrice when another Justice had not had the opportunity yet. He championed allowing each Justice to speak during deliberations once before anyone had a second chance to speak. This is an informal rule they now follow. This sense of equality amongst themselves is why I believe they are so respected.

The Supreme Court Justices are nominated by the president and confirmed by the Senate; two political bodies. The Justices must have the people's trust to be above political influence to also have their respect. They are responsible for making decisions based on the Constitution and not political beliefs. Because their cases are heard in front of the public, their decisions and opinions are written then distributed and explained I think it gives a sense of transparency to the American people. The most important take away I have is that yes, the Supreme Court Justices are people like you, or I who are charged with an enormous responsibility to interpret and make decisions based on a document that was written by our founding fathers without outside political or personal influence. This is a huge honor and burden to carry.

I had always assumed that an appeal to the Supreme Court was only written by lawyers. I learned that anyone could write an appeal, even someone in prison. This process and system really are designed for all people, especially after the 14th Amendment.

When we learn about the Supreme Court in lower school, the focus is on the Justices. The number of staff and aids who support them is extensive and all play an important role in the decision-making process. They process and review the petitions as they are received, more than 100 per week. They review them, research cases and the arguments, and then present them to the Justices. During the decision process the staff works to edit the often-changing opinions of the Justice. I never realized the Justices' support and the impact that had on allowing the Justice to focus on their role. It would be an honor to be on the staff of a Supreme Court Justice.