On October 6, the US Supreme Court will open its 220th annual session. By federal law, the court opens on the first Monday in October. Each session usually ends in late June or early July. Our constitution established the US Supreme Court. Congress has the power to create other “inferior” courts. Those include federal district and appeals courts, and state supreme and appeals courts. In Pennsylvania, the lower Courts of Common Pleas operate on the county level. Common pleas courts supervise local district magistrates.
The constitution is fairly vague on the powers and duties of the Supreme Court, but legislation has clarified those issues over the years. The court generally hears constitutional questions and appeals of cases from the lower federal courts.
One chief justice and eight associate justices comprise the court. The president nominates new justices when there are vacancies, and they serve for life. The US Senate must confirm the nominations before the justices can begin their jobs. The current US Supreme Court Justices are: Chief Justice John Roberts and Associate Justices John Paul Stevens, Antonin Scalia, Anthony Kennedy, David Souter, Clarence Thomas, Ruth Bader Ginsberg, Stephen Breyer, and Samuel Alito.
The court considers a case after it grants a formal request, called a Writ of Certiorari. In 1945, the court heard 1,460 cases and 2,313 in 1960. The current caseload is more than 10,000 cases per year. Most of the cases only affect the parties directly involved, but some cases have directly affected your life.
In 1954, Oliver Brown sued the Board of Education of Topeka, Kansas because it forced his daughter to attend racially segregated schools. The US Supreme Court declared that the segregation was illegal and ordered the school board to integrate its public schools “with all deliberate speed”. This decision opened the door to further cases, which abolished legal racial segregation in all areas of public life.
In 1963, Clarence Gideon was arrested and charged with burglary in Florida. Because he was poor and uneducated, he didn’t know the law and couldn’t afford an attorney to help him in court. He was convicted and sent to prison. While in prison, he appealed his case to the US Supreme Court. The court ruled that the government must provide attorneys in all criminal cases when the defendants cannot afford them. This led to the formation of Public Defenders offices throughout the country. Mr. Gideon received a new trial – with an attorney – and was acquitted. Now, if you’re arrested, “you have the right to an attorney.”
In 1966, the US Supreme Court heard the case of Ernesto Miranda vs. the State of Arizona. Mr. Miranda confessed to a crime because he didn’t know that “you have the right to remain silent.” The court order requires the police to inform arrested people of their rights, which already exist under the Constitution, before questioning. The statement that the police read to arrested suspects is called the “Miranda Warning”. This was not made up for TV cop shows. The police really do have to read your rights to you if they arrest you.
Our courts are our referees. We expect them to remain impartial and above political pressure. Courts usually include juries, and most people try to avoid jury duty. Yet the jury is one of the most essential elements of our legal system. Juries have decided many cases that affect your life every day. If you were on trial, you would certainly want a jury of honest people, sincerely trying to reach the right conclusion. It will probably be only a few days out of your life, but it means a great deal to someone else.
My column, “Your Tax Dollars at Work” explained the Regional Assets District and the extra 1% sales tax. All agencies that receive RAD funds hold “RADical Days” with free admissions, performances, and activities. RADical Days are in progress now and will last until October 25. Dozens of Allegheny County attractions are participating, including Phipps Conservatory, Pittsburgh Zoo and PPG Aquarium, Heinz Field, Sen. John Heinz Regional History Center, and lots more. Your tax dollars help to support these great places. Enjoy them!
For details, go to www.radworkshere.org or call the Regional Assets District at 412-227-1900.
Don’t miss the debates! Vice-presidential candidates Joe Biden and Sarah Palin will debate tonight, October 2. Presidential candidates Barack Obama and John McCain debate on October 7 and October 15. All debates begin at 9:00 pm and will appear on ABC, CBS, NBC, PBS, MSNBC, CNN, and Fox News.
For more information, go to:
www.supremecourtus.gov