376 CHAPTER 12|THE COURTS
HEARING CASES BEFORE
THE SUPREME COURT
A surprisingly small proportion of the Court’s time is actually spent hearing
cases—only 40 days in the 2012–13 term. The Court is in session from the fi rst
Monday in October through the end of June or early July. 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 other 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 when the Court is in session 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.^32
The Court is in recess from July through September. The justices may take
some vacation, but they mostly use the time for studying, reading, writing, and
preparing for the next term. During the summer the Court also considers emer-
gency petitions (such as stays of execution) and occasionally hears exceptionally
important cases—as it did in 1974, for example, during the Watergate scandal
when deciding whether President Nixon had to turn over tapes of conversations
that had secretly been recorded in the White House.Briefs
During the regular sessions, the Court follows rigidly set routines. The justices
prepare for a case by reading the briefs that both parties submit. Because the
Supreme Court hears only appeals, it does not call witnesses or gather new evi-
dence. 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.^33 The
federal government also fi les amici curiae on important issues such as school bus-
ing, school prayer, abortion, reapportionment of legislative districts, job discrimi-
nation against women, and affi rmative action in higher education.
It is diffi cult to determine the impact of amici curiae on the outcome of a
case, but those that are fi led early in the process increase the chances that the
case will be hea rd. Interestingly, even a mici curiae that a re fi led against a case
increase the chances that the case will be heard.^34 Given the limited informa-
tion that the justices have about any given case, interest group involvement
can be a strong signal about the importance of a case.Oral Argument
Once the briefs are fi led and have been reviewed by the justices, cases are
scheduled for oral arguments. Except in unusual circumstances, each case
gets one hour, which is divided evenly between the two parties. In especiallyCAMERAS ARE NOT ALLOWED IN
the Supreme Court, so artists’
sketches are the only images of
oral arguments. This sketch shows
solicitor general Donald Verrilli
arguing for the Affordable Care
Act in 2012, as justices Antonin
Scalia and John Roberts listen.
amicus curiae Latin for “friend of
the court,” referring to an inter-
ested group or person who shares
relevant information about a case to
help the Court reach a decision.
oral arguments Spoken pre-
sentations made in person by the
lawyers of each party to a judge or
appellate court outlining the legal
reasons their side should prevail.
DESCRIBE THE SUPREME
COURT’S PROCEDURES FOR
HEARING A CASE