Chapter 12
This chapter dealt with the federal judiciary; it covered the historical development, structure, process and philosophy of judicial activity. It examined the historical evolution of the federal judiciary as to its civil and common law heritages, colonial/early state legacies regarding an independent judiciary and the Founding Fathers’ notions about the judiciary as the least dangerous branch. Next, it looked at the nomination/confirmation process involving presidential nomination and senatorial confirmation, the federalized structure with a single national Supreme Court, 13 Circuit Courts of Appeals, and 94 District Courts; as well as the decision-making procedures regarding precedent and opinion that guide the doctrine of stare decisis and serve as the basis for judicial opinions that justify positions held by justices relative to a judicial decision.
The chapter also contained the political development of the judiciary from the Marshall Court’s assumption of nationalism and judicial review, through the Taney Court’s invocation of states’ rights and its turn to laissez-faire property rights oriented decision making.
The twentieth century saw a movement toward social issues and individual rights with the “switch in time that saved nine” during the FDR administration, which was expanded throughout the 1950s to 1970s. However, the conservative retrenchment of the Rehnquist Court and its possible continuance by the Roberts Court show us that court decisions reflect the partisanship, ideology, and judicial philosophy of the time. In addition, the Roberts Court has highlighted the frequent role of Justice Kennedy as a swing vote between the court’s liberals and conservatives when deciding the final disposition of several high profile cases.
Equitable tolling is the concept that a statute of limitations will not bar claims made by a plaintiff, when the plaintiff despite due diligence did not discover a legal injury to him or herself until after the limitations period had passed. Henderson v. Shinseki was a case before the Supreme Court that explored the issue of equitable tolling. David Henderson, a disabled Korean War veteran, was seeking an extension of the standard 120-day period to file his appeal of a decision by the Department of Veterans Affairs. Research Henderson v. Shinseki (http://www.law.cornell.edu/supct/cert/09-1036) and the contributing case of Bowles v. Russell. Consider the following questions:
- What role does precedent play in Henderson v. Shinseki?
- Is there a division between what is morally right and what is legally sound in the case of Henderson v. Shinseki? Why or why not?
U.S. Supreme Court
This is the official website of the U.S. Supreme Court; it contains its calendar, recent opinions, Justice bios, etc.
United States Courts
This site contains access points for various levels of the federal judiciary, including basic contact information, personnel lists, recent dockets, major decisions, etc. In particular, it has information regarding law clerkships for those who aspire to have careers in the legal field.
OYEZ Project
The OYEZ project is building a database of all constitutional cases undertaken by the Supreme Court: excellent research engine and it is updated on a regular basis.
Supreme Court Video Series
This site provides ready access to the PBS series, “The Supreme Court,” that was first aired in 2007. You can navigate it by episode and play each video. The videos are arranged topically and done in a documentary style. This is an excellent research tool covering much of the court’s history with an emphasis on the period since the 1930s.
Supreme Court of Ohio Oral Arguments Videos
This feature provides a videostream for ongoing oral arguments that are made public by the Supreme Court. It is updated regularly but subject to heavy self-censoring by the court. Unfortunately, the system is not as user friendly as it could be because it requires the viewer to download software in order to view the videostream. Although this site is for the Ohio State Supreme Court, it is a good proxy to understand the behavior of the U.S. Supreme Court.
Common Law
This site offers publications addressing legal history, philosophy, and theory. Writings from prominent legal scholars are also featured.
Cornell Law
This website is a great source for information on Supreme Court cases.
Federal Judicial Center
This website is sponsored by the Feder