CHAPTER 24 THE FEDERAL COURT SYSTEM:JUDGING CASES 573 Hugo Black-had no significant judicial experience before being appointed to >ANALYZ正TEE1SS0正 the Court.26 The Effect of Justices' Because the issues facing the Supreme Court are both political and legal,their Personal Characteristics proper resolution may require a balancing of political and legal considerations. The United States is said to This prospect,says C.Herman Pritchett,a leading judicial scholar,is enhanced have "a government of laws, when the justices collectively have experience in both realms.Noting that the not of men."Yet the judges Warren Court(1953-1969)had a penchant for tackling issues that in some cases who interpret the laws are people.The justices of the might have been better left to legislative bodies,while the Burger Court Supreme Court have tended (1969-1986)often was preoccupied with narrow points of law,Pritchett to be older white males of observed,"Perhaps there were too many politicians on the Warren Court,but privileged and partisan perhaps there [were]too many judges on the Burger Court."27 backgrounds.How might Judicial appointments are a critical issue because the judiciary is a political these characteristics of Supreme Court justices have institution as well as a legal one-a point that will be developed in the next affected their rulings?Can chapter. you think of specific decisions that only judges with these characteristics would have 2Schmidhauser,Judges and Justices,95. been likely to make? "C.Herman Pritchett,"High Court Selection,"New York Times,January 12,1976;reprinted in Murphy and Pritchett,Courts,Judges,and Politics. Summary At the lowest level of the federal judicial system are the assume that lower courts are inconsequential(the upper- district courts,where most federal cases begin.Above court myth).Lower courts have considerable discretion in them are the federal courts of appeals,which review cases their evaluation of the facts and applicable laws of the appealed from the lower courts.The U.S.Supreme Court cases before them,and the great majority of their deci- is the nation's highest court.Each state has its own court sions are not reviewed by a higher court.It is also system,consisting of trial courts at the bottom and one or inaccurate to assume that federal courts are far more two appellate levels at the top.Cases originating in state significant than state courts(the federal-court myth).The courts ordinarily cannot be appealed to the federal courts vast majority of legal cases that arise each year in the unless a federal issue is involved,and then the federal United States are decided in state courts. courts can choose to rule only on the federal aspects of the Federal judges at all levels are appointed by the presi- case. dent and confirmed by the Senate.Once on the federal The Supreme Court is unquestionably the most impor- bench,they serve until they die,retire,or are removed by tant court in the country.The legal principles it establishes impeachment and conviction.Partisan politics plays a are binding on lower courts,and its capacity to define the significant role in judicial appointments.Presidents are law is enhanced by the control it exercises over the cases it particularly alert to political philosophy in their selection hears.The most important part of the Court's majority of Supreme Court justices.The nation's top court makes opinion in a case is the legal reasoning underlying the broad policy decisions,and presidents have tried to decision:this reasoning guides lower courts in.their ensure that appointees share their partisan goals. handling of similar cases.However,it is inaccurate to Major Concepts appellate jurisdiction majority opinion comity opinions concurring opinion original jurisdiction decision plurality opinion dissenting opinion precedent judicial conference writ of certiorari jurisdiction