“People change their minds about what they think,” the late Justice Ruth Bade Ginsberg told CNN in 2012. “So it`s nothing out of the ordinary, and that`s how it should work. We are convincing each other and then the public. As in the case of pleadings, the applicant first presents his pleadings, then the respondent. If the applicant so requests, he may rebut the respondent`s comments. Suppose the plaintiff (Mr. Lyon) sues the defendant (his employer, the State Animal House Zoo). Mr. Lyon, who is white, performed better than Mr. Behr, who is black, on an exam that qualifies employees for promotions. However, when the exam was evaluated, the zoo rejected the results because it was concerned that promoting a white candidate over a black candidate would leave him vulnerable to accusations that he violated Title VII of the Civil Rights Act of 1964, which prohibits racial discrimination in employment. Lord. Lyon sued Animal House Zoo, arguing that by publishing the results of the audit, the zoo was violating its rights under Title VII and the equality clause of the U.S.
Constitution. (The Supreme Court handled a similar case in 2009 when it ruled on Ricci v. DeStefano.) Before counsel for the plaintiff leaves the gallery after the first presentation, he or she may set aside some time for rebuttal after counsel for the defendant has appeared. It is the plaintiff – not the court – who is responsible for tracking the remaining time for rebuttal. In typical program simulations, more than one student lawyer argues on each side. In this case, they must inform the student member before the hearing begins of how they wish to divide their time. Typically, the first student lawyer who speaks also handles the rebuttal. At the end of the hearing, the judges must rule on the case. That is what they do at what is called the Conference of Judges.
When the Court meets, two conferences per week are scheduled – one on Wednesday afternoon and one on Friday afternoon. At their conference on Wednesday, the judges will discuss the cases that were heard on Monday. At their Friday conference, they discuss the cases that will be heard on Tuesday and Wednesday. If the Court is not sitting, there is no conference on Wednesday. What is the Supreme Court? How does he get his power? The Supreme Court is the highest court in the United States for all cases and controversies arising under the Constitution or other laws of the United States. The nine justices of the Supreme Court remain the final arbiters of the law, charged with ensuring that the American people receive the promise of equal justice before the law. The court acts as protector and interpreter of the constitution. From the acceptance of a case to the rendering of a judgment, it is the process that the nine justices of the Supreme Court follow to review a case and make a decision. Nothing is final until the majority opinion is read in court and made available to the public. Werniel says the drafting and editing process can take “until the last minute” before the statement is released. If a judge agrees with the outcome of the case, but not with the majority`s reasoning, he or she may issue a concurring opinion.
Each judge may issue a separate dissenting opinion. In the event of a tie, the decision of the lower court remains valid. This may be the case if one of the nine judges is not involved in a case for any reason (for example, if a seat is vacant or if a judge has had to resign). How long do you argue before the Supreme Court? Typically, each party has 30 minutes of reasoning to convince judges that their interpretation of the law is correct. Almost all the cases judges hear are reviews of the decisions of other courts – there are no jurors or witnesses. Judges consider the records given to them, including the decisions of the lower courts for each stage of a case, the evidence and arguments presented to them in their final decision. Based on these reviews, the judges decide to add Lyon v. Animal House Zoo to the discussion list, a short list of cases they would like to discuss at their next private meeting or conference. (If no judge had asked to put Lyon on the mailing list, she would have been placed on the “dead list,” and cert. would have been automatically rejected without the judges ever discussing or voting on the case.) According to a general practice under the Roberts court, judges vote to re-list Lyon for the next conference because they are interested but want to make sure it is the best case to decide the question at hand. At the next conference, Lyon judges vote to approve a review, and the court announces this decision as part of a list of orders, which is usually published on Monday morning after the conference.