COM 400: How the Supreme Court makes decisions

	The Class	Pivotal Cases

Listen to the Marshall of the Supreme Court
1. How the Supreme Court makes decisions.
The Supreme Court bases it's decisions on three sources of information:
A. The record of the lower court.

In almost all cases, the Supreme Court reviews the decision of a lower court. We have already seen how cases get to the Supreme Court. Whenever a lower court has already heard the case, the Supreme Court pays special attention to the decision rendered by the lower court and the reasons that the lower court gives to justify it's decision.

B. Written briefs submitted by counsel.

When the Supreme Court agrees to hear a case, it sets a date for the hearing. Prior to that date, counsel for the parties to the case must submit written briefs identifying the arguments that want to make for their respective positions. These written briefs must contain reasons and evidence for the arguments presented. The parties are also expected to submit reply briefs, answering the major arguments raised by opponents.

C. Oral arguments presented by counsel.

The Supreme Court hears cases, and arguments are presented orally by counsel for the parties. The Justices of the Supreme Court are allowed to ask questions of the attorneys representing the parties. It is often said that cases are rarely won in oral argument, but that cases are sometimes lost in oral argument.

After the Court hears the case, the Justices meet privately to discuss the case and vote on it. At a later date, the Court announces it's decision.

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E-mail the professor Tony Parker at parker@jan.ucc.nau.edu, or call (520)523-2508