As an expert in constitutional law, I have a deep understanding of the role that the Supreme Court plays in our legal system. The Court serves as the final arbiter of the law, ensuring that all Americans are guaranteed equal justice before the law. This includes not only interpreting and applying the Constitution, but also serving as a guardian of its principles. The three branches of government - legislative, executive, and judicial - operate within a system of checks and balances, with each branch having its own distinct powers and responsibilities.
However, cooperation between these branches is often necessary for the effective functioning of our government. For example, federal laws are passed by Congress and then signed by the president. The judiciary, on the other hand, has the authority to determine the constitutionality of federal laws and to resolve disputes related to them. But even with this power, judges rely on the executive branch to enforce their decisions. The Constitution was drafted by representatives from different states, resulting in a document that is open to interpretation.
This means that many of its words and phrases are ambiguous and may require further interpretation when applied to new situations. It is the responsibility of the Supreme Court to take on this task and ensure that the Constitution is upheld. This often happens when legal cases arise that involve disputes over the meaning of the Constitution. These cases typically involve challenges to government actions or allegations of rights violations by government officials such as police officers or prosecutors. Before reaching the Supreme Court, these questions about constitutional interpretation are first decided by lower federal or state courts.
The Supreme Court then has the power to choose which cases it wants to hear and make final decisions on constitutional issues. If it decides not to take on a case, then the previous decision made by a lower court stands. State supreme courts are responsible for interpreting laws that have a direct impact on our daily lives. It is crucial for communities to be aware of what cases are being reviewed by these courts. Former Supreme Court Justice William Brennan, Jr.
once said that state courts, like federal courts, are the guardians of our liberties. This statement still holds true today, as more than 98% of court cases in the United States are heard in state courts. These courts play a significant role in areas such as criminal justice and civil liberties. As federal courts have become increasingly hostile towards protecting civil liberties, state supreme courts have become even more important in safeguarding our rights.
Each state has its own constitution, which may provide additional protections beyond those outlined in the U. S. Constitution. State supreme courts also have the final say in interpreting their state's constitution without interference from the federal government. This means that their decisions have a significant impact on our lives.
For example, state supreme courts have used state law to recognize the right of same-sex couples to marry, declared the death penalty unconstitutional despite federal law allowing it, and provided stronger protections against unreasonable searches and seizures. When community groups become aware that a state supreme court is reviewing a case, they can submit "friendly" briefs to inform the judges about the implications of the case. While we often see these types of briefs in cases before the U. Supreme Court, they are not as common in state supreme court proceedings. Additionally, having a list of cases before a state's supreme court allows the public to stay informed about the progress of a case and what to expect in terms of future submissions.
This type of information is crucial for citizen journalists and media outlets covering legal topics to educate the public about ongoing litigation. It is important to note that in many states, supreme court judges are elected officials. This means that voters deserve to know not only a judge's final decision on a case, but also how they responded to arguments made by those involved in the case. This can only be achieved if the public has access to the legal briefs and documents related to the case. Unfortunately, access to this information varies greatly across the country. While common law and the First Amendment require some level of transparency, the ease of accessing court documents and information about ongoing cases depends on where you live.
The ACLU State Supreme Court Initiative has examined all state supreme courts and identified four key practices that are essential for transparency: timely publication of new cases online, providing information about the legal issues involved in a case, making court records accessible and free to the public, and making information about funding accessible and free to the public. You can view the full report, including an interactive map and specific data for each state, on our website. Fortunately, state supreme courts that need to improve their transparency do not have to start from scratch. There are already clear examples of best practices in state supreme courts across the country, as well as in the U. Supreme Court.
By implementing these practices, state supreme courts can ensure that the public has meaningful access to important cases that affect our lives.
