The Handy Supreme Court Answer Book. David L HudsonЧитать онлайн книгу.
curiam opinion: An opinion rendered by the Court, or a majority of the Court, collectively instead of a single justice.
Similarly, dissenting opinions can be important, particularly if the U.S. Supreme Court overrules itself in a particular area of the law. A classic example of a dissenting opinion that became the law of the land was Justice Hugo Black’s dissenting opinion in the Sixth Amendment right to counsel case of Betts v. Brady (1942). The majority in Betts ruled that state courts did not have to provide an attorney to all indigent defendants charged with felonies in non-death penalty cases. However, the Court overruled that decision twenty-one years later in Gideon v. Wainwright (1963) and, in a remarkable irony, Justice Black had the honor of writing the unanimous opinion for the Court, taking the same position that he took in dissent in Betts.
Has the oral argument rule always provided for thirty minutes to each side?
No, the oral argument has not always been thirty minutes. In fact, oral arguments used to take several days in some cases. Many of the justices chafed under the process of hearing lawyers give speeches hour upon hour. In 1849, the Court adopted Rule 53, which set the time limit for each attorney at two hours each. If attorneys wished to argue longer than two hours, they had to petition for special permission. In 1925, the Court limited the argument time to one hour on each side. The Court said this change was “due to the crowded calendar of the Court.” In 1970, the Court changed its rules again, limiting each side to the present-day requirement of thirty minutes each.
CourtSpeak: Rule 37, Rules of the Supreme Court
“An amicus curiae brief that brings to the attention of the Court relevant matter not already brought to its attention by the parties may be of considerable help to the Court. An amicus curiae brief that does not serve this purpose burdens the Court, and its filing is not favored.”
What are amicus briefs?
Amicus, or friend of the court, briefs are briefs filed by interested non-parties who wish to emphasize particular aspects of a case and stress its importance to the Court. Amicus briefs are a regular staple of U.S. Supreme Court practice, particularly in important, high-profile decisions. For example, approximately ninety amicus briefs were filed before the Court in the affirmative action in education cases of Grutter v. Bollinger and Gratz v. Bollinger.
Sometimes, the justices seem to consider certain amicus briefs as very significant and persuasive. For example, Chief Justice William Rehnquist cited the amicus brief of the Association of American Editorial Cartoonists written by attorney Rosalyn Mazer in his unanimous opinion for the Court in the celebrated First Amendment decision in Hustler Magazine v. Falwell (1988).
PERSONNEL
Who is the reporter of the Supreme Court?
The reporter of decisions is the individual responsible for compiling the U.S. Supreme Court decisions into the United States Reports, the official compilation of U.S. Supreme Court opinions. There have been sixteen reporters in the history of the Court. They include:
| Alexander Dallas | 1790–1800 |
| William Cranch | 1801–15 |
| Henry Wheaton | 1816–27 |
| Richard Peters | 1828–42 |
| Benjamin Howard | 1843–60 |
| Jeremiah Black | 1861–62 |
| John Wallace | 1863–74 |
| William Otto | 1875–83 |
| John Davis | 1883–1902 |
| Charles Butler | 1902–16 |
| Ernest Knaebel | 1916–44 |
| Walter Wyatt | 1946–63 |
| Henry Putzel Jr. | 1964–79 |
| Henry Curtis Lind | 1979–89 |
| Frank D. Wagner | 1989–present |
Who is the Clerk of the Court?
The Clerk of the Court is the person who oversees the administration of the Court’s docket and caseload. The position of clerk is established by federal law, 28 U.S.C. section 671, which provides in part: “The Supreme Court may appoint and fix the compensation of a clerk and one or more deputy clerks. The clerk shall be subject to removal by the Court. Deputy clerks shall be subject to removal by the clerk with the approval of the Court or the Chief Justice of the United States.”
There have been nineteen Clerks of the U.S. Supreme Court in its history, including:
| John Tucker | 1790–91 |
| Samuel Bayard | 1791–1800 |
| Elias B. Caldwell | 1800–25 |
| William Griffith | 1826–27 |
| William T. Carroll | 1827–63 |
| D. W. Middleton | 1863–80 |
| James H. McKenney | 1880–1913 |
| James Maher | 1913–21 |
| William R. Stansbury | 1921–27 |
| Charles Elmore Copley | 1927–52 |
| Harold B. Willey | 1952–56 |
| John T. Fey | 1956–58 |
| James Browning | 1958–61 |
| John F. Davis | 1961–70 |
| E. Robert Seaver | 1970–72 |
| Michael Rodak | 1972–81 |
| Alexander Stevas | 1981–85 |
| Joseph F. Spaniol Jr. | 1985–91 |
| William K. Suter | 1991–present |
The nineteenth Clerk of the Court, William Suter, is seen in this artist’s sketch reading a document as John Roberts (foreground) is about to be sworn in as chief justice on October 3, 2005. The sitting justices are on the