William_T._Bianco,_David_T._Canon]_American_Polit

510 Chapter 14Chapter 14 || The CourtsThe Courts

general or someone else from that office will represent the government in court. The

Court accepts about 70 to 80 percent of cases in which the U.S. government is a party,

compared with about 1 percent overall.^42

Even with these influences, the Court has a great deal of discretion as to which

cases it hears. Well-established practices such as standing and mootness may be

ignored (or modified) if the Court wants to hear a specific case. However, one final

point is important: although the justices may pick and choose their cases, they cannot

completely set their own agenda. They can select only from the cases that come to them.

Hearing cases before the

Supreme Court

A surprisingly small proportion of the Court’s time—only about 37 days per term—is

actually spent hearing cases. The Court’s term extends from the first Monday in

October through the end of June. It hears cases on Mondays through Wednesdays in

alternating two-week cycles in which it is in session from 10 a.m. to 3 p. m., with a one-

hour break for lunch. In the two weeks of the cycle when it is not in session, justices

review briefs, write opinions, and sift through the next batch of petitions. On most

Fridays during the Court’s term, the justices meet in conference to discuss cases

that have been argued and decide which cases they will hear. Opinions are released

throughout the term, but the bulk of them come in May and June.^43

The Court is in recess from July through September. Justices may take some

vacation, but they mostly use the time for study, reading, writing, and preparing

for the next term. During the summer, the Court also considers emergency petitions

(such as stays of execution) and occasionally hears important cases. For example, on

September 9, 2009 (nearly a month before the fall session started), the Court heard

a challenge to the Bipartisan Campaign Reform Act, more commonly known as the

McCain–Feingold Act after its two principal sponsors. Congress urged the Court to give

the law a speedy review, given its importance for the upcoming 2010 elections. In the

blockbuster case Citizens United v. Federal Election Commission, the Supreme Court

decided that independent spending in campaigns by corporations and labor unions is

protected by the First Amendment.

Briefs

During its regular sessions, the Court follows rigidly set routines. The justices prepare for

a case by reading the briefs submitted by both parties. Because the Supreme Court hears

only appeals, it does not call witnesses or gather new evidence. Instead, in structured

briefs of no more than 50 pages the parties present their arguments about why they either

support the lower-court decision or believe the case was improperly decided. Interest

groups often submit amicus curiae (“friend of the court”) briefs that convey their opinions

to the Court; in fact, 85 percent of cases before the Supreme Court have at least one

amicus brief.^44 The federal government also files amicus briefs on important issues such

as school busing, school prayer, abortion, reapportionment of legislative districts, job

discrimination against women and minorities, and affirmative action in higher education.

It is difficult to determine the impact of amicus briefs on the outcome of a case,

but those that are filed early in the process increase the chances that the case will

DESCRIBE THE SUPREME

COURT’S PROCEDURES FOR

HEARING A CASE

amicus curiae

Latin for “friend of the court,”

referring to an interested group

or person who shares relevant

information about a case to help the

Court reach a decision.

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