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Lesson Plan: The Steps in a Supreme Court Case

How the Supreme Court Decides Which Cases to Hear

Supreme Court Justice Stephen Breyer talked about the process that the Supreme Court uses to select only a few court cases out of the millions of state and federal cases each year. He explained the appellate process and the criteria that justices use to determine if a case should be heard by the Supreme Court.

Description

This lesson has students view video clips of Supreme Court justices explain the process in which the Supreme Court decides which cases to hear, reads briefs, listens to oral arguments and eventually makes a decision and write opinions. The clips include perspectives from Associate Justices Stephen Breyer, Elena Kagan and Chief Justice John Roberts.

INTRODUCTION:

Before beginning the lesson, ensure that the student have an understanding of the following terms. These terms will be used throughout the video clips included in the lesson.

EXPLORATION:

Have the students view each video clip and follow along by answering the questions associated with each video.

VIDEO CLIP: Justice Breyer on How the Supreme Court Decides Which Cases to Hear (6:28)

• Explain the process that court cases go from their initial trial to when they are reviewed by the Supreme Court?
• What does Justice Breyer mean by cases having a "federal question?" Why is this one of the factors in selecting Supreme Court cases?
• Around how many cases are heard each year in the Supreme Court?
• How do justices and their clerks review all their potential cases?
• Explain the criteria that is used to decide which cases to hear.
• Explain the process at the conference in which the Supreme Court discusses and votes on which cases to hear.

VIDEO CLIP: Justice Breyer on Briefs and Oral Arguments (1:21)

• Explain the purpose of briefs. Who writes these briefs?
• What are oral arguments?

VIDEO CLIP: Chief Justice John Roberts on Oral Arguments (2:11)

• How are oral arguments structured?
• What is the purpose of the questions from the justices?
• How do oral arguments impact how justices view the case?

VIDEO CLIP: The Process of Deciding Supreme Court Cases (4:48)

• What is the first step in deciding Supreme Court cases?
• Explain how the conference works when deciding a Supreme Court case?
• How can debate and discussion amongst the justices impact the final decision in a Supreme Court case?
• Explain how the final decision is decided. How do they decide who writes the majority and dissenting opinions?
• How does the seniority of the justices play into the process of deciding a Supreme Court case?

VIDEO CLIP: Justice Stephen Breyer on Writing Supreme Court Opinion (1:27)

• What role do law clerks play in this process?
• How is the writing of Supreme Court opinions a collaborative process?

APPLICATION:

After viewing the video clips and answering the questions, have the students complete the chart on the Supreme Court handout . Students will summarize each step in the process and create a drawing representing this step.

• Supreme Court Handout

CONCLUSION:

Students will write a written response to the following prompt:

• Evaluate the process that the Supreme Court uses to decide cases. Is it an effective way to interpret laws?

EXTENSION ACTIVITIES:

Research a Supreme Court Case- Choose a Supreme Court cases that was decided on in the previous term. Research the case on the OYEZ website and provide the following:

• Background of the case
• Petitioner and Respondent
• Questions in the case
• Summary of the oral arguments
• How it was decided
• Summaries of the opinion(s)

Oral Arguments- Using the Supreme Court Oral Arguments lesson plan , listen to the oral arguments of one of the Supreme Court Cases on the list. Summarize the arguments that both sides make and determine how you would rule in this case.

Additional Prompts-

• Is the Supreme Court too slow in deciding cases? Explain your answer.
• Does the Supreme Court hear the appropriate amount of cases? Explain your answer.
• How would you improve the way that the Supreme Court processes and decides cases?

Additional Resources

• How the Supreme Court Works - Google Docs

This student-centered activity requires learners to identify and analyze the process of how the Supreme Court accepts, hears and rules on cases using digital media from C-SPAN

In this lesson students will examine both sides of a Supreme Court case and determine its significance to the U.S. Culminating activities may include a mock trial or moot court.

• Associate Justice
• Chief Justice
• Majority Opinion
• Oral Argument
• Oral Arguments
• Respondents
• Supreme Court

13.4 The Supreme Court

Learning objectives.

By the end of this section, you will be able to:

• Analyze the structure and important features of the Supreme Court
• Explain how the Supreme Court selects cases to hear
• Discuss the Supreme Court’s processes and procedures

The Supreme Court of the United States, sometimes abbreviated SCOTUS, is a one-of-a-kind institution. While a look at the Supreme Court typically focuses on the nine justices themselves, they represent only the top layer of an entire branch of government that includes many administrators, lawyers, and assistants who contribute to and help run the overall judicial system. The Court has its own set of rules for choosing cases, and it follows a unique set of procedures for hearing them. Its decisions not only affect the outcome of the individual case before the justices, but they also create lasting impacts on legal and constitutional interpretation for the future.

THE STRUCTURE OF THE SUPREME COURT

The original court in 1789 had six justices, but Congress set the number at nine in 1869, and it has remained there ever since. There is one chief justice , who is the lead or highest-ranking judge on the Court, and eight associate justice s . All nine serve lifetime terms, after successful nomination by the president and confirmation by the Senate. There was discussion of expanding the court during Franklin D. Roosevelt's presidency and also during the 2020 presidential election. Nothing has come of court expansion, however.

The current court is fairly diverse in terms of gender, religion (Christians and Jews), ethnicity, and ideology, as well as length of tenure. Some justices have served for three decades, whereas others were only recently appointed by President Trump. Figure 13.9 lists the names of the nine justices serving on the Court as of June 2021 along with their year of appointment and the president who nominated them.

Currently, there are six justices who are considered part of the Court’s more conservative wing—Chief Justice Roberts and Associate Justices Thomas , Alito , Gorsuch , Kavanaugh , and Barrett —while three are considered more liberal-leaning—Justices Breyer, Sotomayor , and Kagan ( Figure 13.10 ).

Link to Learning

While not formally connected with the public the way elected leaders are, the Supreme Court nonetheless offers visitors a great deal of information at its official website.

For unofficial summaries of recent Supreme Court cases or news about the Court, visit the Oyez website or SCOTUS blog.

In fact, none of the justices works completely in an ideological bubble. While their numerous opinions have revealed certain ideological tendencies, they still consider each case as it comes to them, and they don’t always rule in a consistently predictable or expected way. Furthermore, they don’t work exclusively on their own. Each justice has three or four law clerks, recent law school graduates who temporarily work for the justice, do research, help prepare the justice with background information, and assist with the writing of opinions. The law clerks’ work and recommendations influence whether the justices will choose to hear a case, as well as how they will rule. As the profile below reveals, the role of the clerks is as significant as it is varied.

Insider Perspective

Profile of a united states supreme court clerk.

A Supreme Court clerkship is one of the most sought-after legal positions, giving “thirty-six young lawyers each year a chance to leave their fingerprints all over constitutional law.” 47 A number of current and former justices were themselves clerks, including Chief Justice John Roberts, Justices Stephen Breyer and Elena Kagan, and former chief justice William Rehnquist.

Supreme Court clerks are often reluctant to share insider information about their experiences, but it is always fascinating and informative to hear about their jobs. Former clerk Philippa Scarlett , who worked for Justice Stephen Breyer, describes four main responsibilities: 48

Review the cases: Clerks participate in a “ cert. pool” (short for writ of certiorari , a request that the lower court send up its record of the case for review) and make recommendations about which cases the Court should choose to hear.

Prepare the justices for oral argument: Clerks analyze the filed briefs (short arguments explaining each party’s side of the case) and the law at issue in each case waiting to be heard.

Research and draft judicial opinions: Clerks do detailed research to assist justices in writing an opinion, whether it is the majority opinion or a dissenting or concurring opinion.

Help with emergencies: Clerks also assist the justices in deciding on emergency applications to the Court, many of which are applications by incarcerated people to stay their death sentences and are sometimes submitted within hours of a scheduled execution.

Explain the role of law clerks in the Supreme Court system. What is your opinion about the role they play and the justices’ reliance on them?

HOW THE SUPREME COURT SELECTS CASES

The Supreme Court begins its annual session on the first Monday in October and ends late the following June. Every year, there are literally thousands of people who would like to have their case heard before the Supreme Court, but the justices will select only a handful to be placed on the docket , which is the list of cases scheduled on the Court’s calendar. The Court typically accepts fewer than 2 percent of the as many as ten thousand cases it is asked to review every year. 49

Case names, written in italics, list the name of a petitioner versus a respondent, as in Roe v. Wade , for example. 50 For a case on appeal, you can tell which party lost at the lower level of court by looking at the case name: The party unhappy with the decision of the lower court is the one bringing the appeal and is thus the petitioner, or the first-named party in the case. For example, in Brown v. Board of Education (1954), Oliver Brown was one of the thirteen parents who brought suit against the Topeka public schools for discrimination based on racial segregation.

Most often, the petitioner is asking the Supreme Court to grant a writ of certiorari , a request that the lower court send up its record of the case for review. Once a writ of certiorari ( cert . for short) has been granted, the case is scheduled on the Court’s docket. The Supreme Court exercises discretion in the cases it chooses to hear, but four of the nine justices must vote to accept a case. This is called the Rule of Four .

For decisions about cert ., the Court’s Rule 10 (Considerations Governing Review on Writ of Certiorari ) takes precedence. 51 The Court is more likely to grant certiorari when there is a conflict on an issue between or among the lower courts. Examples of conflicts include (1) conflicting decisions among different courts of appeals on the same matter, (2) decisions by an appeals court or a state court conflicting with precedent, and (3) state court decisions that conflict with federal decisions. Occasionally, the Court will fast-track a case that has special urgency, such as Bush v. Gore in the wake of the 2000 election. 52

Past research indicated that the amount of interest-group activity surrounding a case before it is granted cert. has a significant impact on whether the Supreme Court puts the case on its agenda. The more activity, the more likely the case will be placed on the docket. 53 But more recent research broadens that perspective, suggesting that too much interest-group activity when the Court is considering a case for its docket may actually have diminishing impact and that external actors may have less influence on the work of the Court than they have had in the past. 54 Still, the Court takes into consideration external influences, not just from interest groups but also from the public, from media attention, and from a very key governmental actor—the solicitor general.

The solicitor general is the lawyer who represents the federal government before the Supreme Court: He or she decides which cases (in which the United States is a party) should be appealed from the lower courts and personally approves each one presented ( Figure 13.11 ). Most of the cases the solicitor general brings to the Court will be given a place on the docket. About two-thirds of all Supreme Court cases involve the federal government. 55

The solicitor general determines the position the government will take on a case. The attorneys of the office prepare and file the petitions and briefs, and the solicitor general (or an assistant) presents the oral arguments before the Court.

In other cases in which the United States is not the petitioner or the respondent, the solicitor general may choose to intervene or comment as a third party. Before a case is granted cert. , the justices will sometimes ask the solicitor general to comment on or file a brief in the case, indicating their potential interest in getting it on the docket. The solicitor general may also recommend that the justices decline to hear a case. Though research has shown that the solicitor general’s special influence on the Court is not unlimited, it remains quite significant. In particular, the Court does not always agree with the solicitor general, and “while justices are not lemmings who will unwittingly fall off legal cliffs for tortured solicitor general recommendations, they nevertheless often go along with them even when we least expect them to.” 56

Some have credited Donald B. Verrilli, the solicitor general under President Obama, with holding special sway over the five-justice majority ruling on same-sex marriage in June 2015. Indeed, his position that denying same-sex couples the right to marry would mean “thousands and thousands of people are going to live out their lives and go to their deaths without their states ever recognizing the equal dignity of their relationships” became a foundational point of the Court’s opinion, written by then-Justice Anthony Kennedy. 57 With such power over the Court, the solicitor general is sometimes referred to as “the tenth justice.”

SUPREME COURT PROCEDURES

Once a case has been placed on the docket, briefs , or short arguments explaining each party’s view of the case, must be submitted—first by the petitioner putting forth the case, then by the respondent. After initial briefs have been filed, both parties may file subsequent briefs in response to the first. Likewise, people and groups that are not party to the case but are interested in its outcome may file an amicus curiae (“friend of the court”) brief giving their opinion, analysis, and recommendations about how the Court should rule. Interest groups in particular can become heavily involved in trying to influence the judiciary by filing amicus briefs—both before and after a case has been granted cert . And, as noted earlier, if the United States is not party to a case, the solicitor general may file an amicus brief on the government’s behalf.

With briefs filed, the Court hears oral argument s in cases from October through April. The proceedings are quite ceremonial. When the Court is in session, the robed justices make a formal entrance into the courtroom to a standing audience and the sound of a banging gavel. The Court’s marshal presents them with a traditional chant: “The Honorable, the Chief Justice and the Associate Justices of the Supreme Court of the United States. Oyez! Oyez! Oyez! [Hear ye!] All persons having business before the Honorable, the Supreme Court of the United States, are admonished to draw near and give their attention, for the Court is now sitting. God save the United States and this Honorable Court!” 58 It has not gone unnoticed that the Court, which has defended the First Amendment’s religious protection and the traditional separation of church and state, opens its every public session with a mention of God.

During oral arguments, each side’s lawyers have thirty minutes to make their legal case, though the justices often interrupt the presentations with questions. The justices consider oral arguments not as a forum for a lawyer to restate the merits of the case as written in the briefs, but as an opportunity to get answers to any questions they may have. 59 When the United States is party to a case, the solicitor general (or one of the solicitor general's assistants) will argue the government’s position; even in other cases, the solicitor general may still be given time to express the government’s position on the dispute.

When oral arguments have been concluded, the justices have to decide the case, and they do so in conference , which is held in private twice a week when the Court is in session and once a week when it is not. The conference is also a time to discuss petitions for certiorari , but for those cases already heard, each justice may state their views on the case, ask questions, or raise concerns. The chief justice speaks first about a case, then each justice speaks in turn, in descending order of seniority, ending with the most recently appointed justice. 60 The judges take an initial vote in private before the official announcement of their decisions is made public.

Oral arguments are open to the public, but cameras are not allowed in the courtroom, so the only picture we get is one drawn by an artist’s hand, an illustration or rendering. Cameras seem to be everywhere today, especially to provide security in places such as schools, public buildings, and retail stores, so the lack of live coverage of Supreme Court proceedings may seem unusual or old-fashioned. Over the years, groups have called for the Court to let go of this tradition and open its operations to more “sunshine” and greater transparency. Nevertheless, the justices have resisted the pressure and remain neither filmed nor photographed during oral arguments. 61

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3.14 Required Supreme Court Cases

15 min read • june 18, 2024

Akhilesh Shivaramakrishnan

Some Background

• AP US Government & Politics students should be thoroughly familiar with 15 Supreme Court Cases for the AP exam.
• Not only should you be familiar with the final decisions, you should be familiar with the reasons for the majority opinion and how they impacted American society.
• According to the College Board, these cases are essential content in college courses and in-depth analysis will help you gain the basis needed for future courses in politics.

Why Do I Need to Know These?

• You will be asked to compare one of the required cases (for which no information will be provided) with a case that is presented to you on the exam.
• These required cases tend to appear throughout the AP exam multiple choice.
• It is essential that you analyze these cases in depth so you are prepared for the AP Exam!

What Are The Required Cases?

Marbury v. madison (1803), mcculloch v. maryland (1819).

• Schenck v. the United States (1919)

Brown v. Board of Education (1954)

Engel v. vitale (1962), baker v. carr (1962), gideon v. wainwright (1963), tinker v. des moines independent community school district (1969).

• New York Times Co. v. United States (1971)

Wisconsin v. Yoder (1972)

Shaw v. reno (1993), united states v. lopez (1995), mcdonald v. chicago (2010), citizens united v. federal election commission (2010), why these cases.

• According to the College Board, these cases are essential to college courses in introductory history and politics. Many of these cases are controversial or were decided 5-4.
• These cases will help you further enhance your knowledge of the AP Government curriculum. You’ll be able to see how the content you learn about in class applies to real situations.

4 Key Points for Each Case

• What context does the College Board want you to understand the case through?  There is a reason why the College Board wants you to know each of the required Supreme Court cases for the AP exam. In their syllabus documents, they list out the exact reason why a particular case is relevant to government and politics. This can give you context on why each case is important, so make sure to read it!
• Might be helpful - the date : Although you will never be asked to recall the exact date of a Supreme Court case, knowing the date can help you put the case into context and can enhance your FRQ response.
• Constitutional issues:  What does the American government revolve around? You got it - the Constitution! Make sure you understand the constitutional issue that each case presents.
• Holding, Constitutional Principle & Majority Opinion:  The holding of the case is based on something from the Constitution. Knowing the holding and constitutional principle that was used to decide the case  is the most important part . These will help you answer FRQ #3, which will ask you to compare the holding in one of the 15 required cases to a case you will be presented with on the AP exam.

Cases Involving Federalism

College Board Context:  “CON-2.B.2: The balance of power between the national and state governments has changed over time based on US Supreme Court interpretation of (these) cases.”

• Short Summary : In 1816, the Second Bank of the United States was chartered; soon after, in 1818, however, Maryland decided to pass a law that imposed taxes on the bank.  James McCulloch , who served as a cashier at the Baltimore branch of the Second Bank, decided not to pay the tax. The state court had ruled that the Bank was unconstitutional, to begin with, and that the federal government did not have the authority to charter a bank
• Constitutional Issues:  Two questions could be explored in this case. Did Congress have the implied power to create a bank? And secondly, could states tax a federal entity/bank?
• Implied Powers : implied powers expand upon the enumerated powers that are listed in the Constitution. Congress is allowed to borrow money, coin money, and tax expressly by the Constitution. The implied power of  creating a national bank allows for the federal government to implement this expressed power.
• Short Summary : Alfonzo Lopez was a Texas high school senior who took a concealed weapon inside his school. Federal charges were soon imposed because of his violation of the Gun-Free School Zones Act of 1990. The act stated that individuals could not possess firearms within school zones based on the premise of the Commerce Clause.
• Constitutional Issue : This case explored a constitutional issue involving the commerce clause, and whether the Gun-Free School Zones Act of 1990 exceeded the power allowed by the clause.
• Straight from the AP US Government Course Description : this case “(introduced) a new phase of federalism that recognized the importance of state sovereignty and local control.”

Cases Involving the First Amendment

College Board Context:  “LOR-2: Provisions of the US Constitution’s Bill of Rights are continually being interpreted to balance the power of the government and the civil liberties of individuals.”

TIP : Do you have trouble remembering the main points the First Amendment addresses? Remember the acronym  FEE RAPPS !

F ree  E xercise Clause

E stablishment Clause

P etition the Government

• Short Summary : The New York Board of Regents had authorized that at the beginning of each day, a short but  voluntary prayer would be recited. Several organizations filed suit against the Board of Regents, claiming that the prayer violated the Constitution. The New York Court of Appeals dismissed their arguments.
• Constitutional Issue : This case was significant and interesting because this prayer was both voluntary and non-denominational. However, the organizations filed suit based on a violation of the Establishment Clause of the Constitution, which states that a law could not be made “respecting an establishment of religion.”
• Main Idea? School sponsorship of religious activities = violation of first amendment
• Short Summary : Jonas Yoder, as well as other Amish parents, refused to send their children to school after the 8th grade. In accordance with their religion, they did not agree with high school attendance. They were later charged under a Wisconsin law that required students to attend school until age 16.
• Constitutional Issue : This case relates to the other major religious clause of the 1st Amendment: the free exercise clause. By requiring Wisconsin parents to send their children to school, without a faith exception, did it violate the parents' rights to freely exercise their religion?
• Holding and Constitutional Principles : The court held that the requirement to send children to school beyond the eighth grade was unconstitutional. It stated that an individual’s interest in the free exercise of religion was more powerful than a federal interest in sending children to school beyond the eighth grade.
• Short Summary : A group of students decided to wear black armbands in order to protest the Vietnam War. Mary Beth Tinker and Christopher Eckhardt decided that they would wear their armbands to school despite warnings from school administration. After wearing the armbands to school, they were sent home. The students decided to sue their school district for violating the freedom of expression.
• Constitutional Issue : The main question that was addressed here was whether the prohibition against wearing these armbands (and in general - symbolic protest) violated the freedom of speech clause of the First Amendment.
• Majority Opinion : A common phrase you might hear is: “students don’t shed their rights at the schoolhouse gate.” This quote comes from the majority opinion in this case!

New York Times Co v. United States (1971)

• Short Summary : This case, also known as the Pentagon Papers case had to do with the First Amendment. The Nixon Administration tried to prevent the New York Times from publishing material that belonged to a Defense Department study about US intervention in Vietnam. President Nixon stated that it was necessary to national security to prohibit it before publication, also known as prior restraint.
• Constitutional Issue : The Constitutional issue that revolved around this case was whether the Nixon administration’s prior restraint was constitutional and if preventing the publication of “classified material” was a violation of the First Amendment’s freedom of the press.
• Holding and Constitutional Principle : The Supreme Court, in this case, bolstered the freedom of the press guaranteed by the First Amendment. In a 6-3 vote, the Court established that there was a “heavy presumption against prior restraint” even for national security purposes. This is a key case to know for freedom of the press!

Schenck v. United States (1919)

• Short Summary : During World War I, a pair of socialists, including Charles Schenck distributed leaflets that stated the draft violated the 13th Amendment - which prohibits involuntary servitude. The leaflet wanted people to disobey the draft. Schenck was charged with violating the Espionage Act of 1917. They appealed on the grounds of the First Amendment.
• Constitutional Issue : This was a First Amendment case and the question was whether the Espionage Act violated the First Amendment and if it was an appropriate way that Congress exercised its wartime authority.
• Holding and Constitutional Principle : The Supreme Court held that the Espionage Act did not violate the First Amendment and it was an appropriate exercise of Congress’ wartime authority. This was a key limitation on the First Amendment as the free speech clause does not allow for advocacy of unlawful behavior.

Cases Involving Selective Incorporation

College Board Context:  “LOR-3: Protections of the Bill of Rights have been selectively incorporated by way of the Fourteenth Amendment’s due process clause to prevent state infringement of basic liberties.”

• Short Summary:  Clarence Earl Gideon was charged in Florida state court on a felony - breaking and entering charge. During his trial, Gideon requested that he receive a court-appointed lawyer; however, in accordance with Florida State law, an indigent defendant could only have an attorney be appointed in capital crimes/cases. Gideon then filed a habeas corpus suit, stating that the court’s decision violated his rights to be represented.
• Constitutional Issue : The constitutional issue in this case involved the Sixth Amendment and whether the right to counsel guaranteed in this amendment also applied to felony defendants in state court.
• Holding and Constitutional Principle : The holding was that the Sixth Amendment’s right to counsel applies to state court defendants via the Fourteenth Amendment. The Court stated that because the  right of counsel is fundamental, it should be incorporated into the states.

Roe v. Wade (1973)

• Short Summary:  Norma McCorvey (Jane Roe) wanted an abortion but could not legally have one in the state of Texas, because of a state law that prohibited abortions except in cases where the mother’s life was in danger. She questioned the legality of this law.
• Constitutional Issue : The Constitutional issue in this case was whether a woman’s right to have an abortion was permitted by the Constitution, and whether it fit into the broad right of privacy.
• Modern Connections : This case is one of the most controversial cases to appear before the Supreme Court. Political candidates are often split along party lines - Democrats often agree with this holding and Republicans often disagree.
• Short Summary:  Chicago passed a handgun ban law, and several suits were filed against the city challenging the ban after another case ( District of Columbia v. Heller ). In that case, the Court had held that a DC handgun ban violated the Second Amendment. There, since the law was enacted by the federal government, the Second Amendment was applicable.
• Constitutional Issue : In this case, the applicability of the Second Amendment to the states was argued, and if the 2nd Amendment’s right to bear arms (interpreted as an individual right) also applied to the states. This involves selective incorporation!
• Holding and Constitutional Principle : In its decision, the Court stated that the handgun ban was unconstitutional in a 5-4 decision. Because the right to self-defense was  fundamental , the 2nd Amendment was incorporated to the states through the Fourteenth Amendment’s due process clause.

Cases Involving the Equal Protection Clause

College Board Context:  “PRD-1: The Fourteenth Amendment’s equal protection clause as well as other constitutional provisions have often been used to support the advancement of equality.”

• Short Summary:  This is one of the most famous cases in US history. Relating to the racial segregation of schools, African American students had been denied admittance to public schools because of these segregation laws, and many argued that this was in violation of the Constitution.
• Constitutional Issue : This was an issue in terms of the Equal Protection Clause of the Fourteenth Amendment. A previous case, Plessy v. Ferguson, held that segregated facilities were legal as long as the facilities were equal (called “separate but equal doctrine.”) In this case, racial segregation in public school education was argued against based on the Equal Protection Clause.
• Judicial Review : The Supreme Court is allowed to reverse previous rulings based on the premise of judicial review. See the Marbury v. Madison case for more info about this!
• Stare Decisis : The case established that this principle, which states that current courts should look to previous decisions for interpretation, will not always be upheld.
• Enforced? : The Court required states to desegregate "with all deliberate speed," and when schools had not desegregated after 10 years, the Court issued another opinion requiring immediate desegregation. This is an example of how judicial decisions may not be enforced by the federal or state executive departments.

Cases Involving Federal Policy

College Board Context:  “PRD-2: The impact of federal policies on campaigning and electoral rules continues to be contested by both sides of the political spectrum.”

• Short Summary:  The Bipartisan Campaign Reform Act of 2002 had previously banned corporations from independent political spending and direct contributions to campaigns or political parties.  In 2008, Citizens United was not allowed to show an anti-Hillary Clinton movie.
• Constitutional Issue : The issue here was whether the BCRA applied to nonprofits, or if the First Amendment’s free speech clause protected such political speech.
• Further Impact : This led to the development of Super PACS and a significant increase in the amount of money contributed to political campaigns. Note : In my opinion, this is one of the hardest cases to get straight! This is one I would definitely recommend studying early-on before the exam!

Cases Involving Districting & Representation

College Board Context:  “CON-3: The republican ideal in the U.S. is manifested in the structure and operation of the legislative branch.”

• Short Summary:  Charles Baker stated that an old law (1901) that detailed the apportionment for Tennessee’s General Assembly had been ignored, and stated that reapportionment did not take into account the significant change that the state had gone through.
• Constitutional Issue : The issue here was unique, and was regarding whether the Supreme Court as a unit had the authority to hear cases that related to legislative apportionment.
• Impact : This case opened the door to more challenges to unfair redistricting by way of the Equal Protection Clause. Eventually, it also led to the development of the one person, one vote doctrine.
• Short Summary:  Several North Carolina residents challenged a proposed, unusually shaped district. They believed that the only purpose of the district was that it would definitely elect African-American representatives.
• Constitutional Issue : The constitutional issue here was whether racial gerrymandering took place with this district (it was very narrow) and if the district raised an Equal Protection Clause question.
• Further Impact : A key fact about this case is that majority-minority districts can be  constitutionally challenged if race was the sole factor in their creation.

Cases Involving Judicial Review

College Board Context:  “CON-5: The design of the judicial branch protects the Supreme Court’s independence as a branch of government, and the emergence and use of judicial review remains a powerful judicial practice.”

• Short Summary:  The 1800 election ended in a defeat for John Adams to Thomas Jefferson. Before Adams’ term ended, Congress passed the Judiciary Act of 1801 (creating new courts, adding new judges). It was an effort by John Adams to keep his own influence in federal courts even though he was leaving office (still occurs today.) His appointments to these courts, however, were not valid until the appointed judges were delivered their commissions by Jefferson’s Secretary of State. Marbury was one of the judges appointed; however, his commission was not delivered.
• Constitutional Issue : A key issue was whether the Court had the authority to order the delivery of commission, and if a federal judge could even bring the case to court.
• Holding and Constitutional Principle : The Court held that although legally, the commission should have been delivered, the clause of the Judiciary Act of 1789 which enabled Marbury to bring the case to court was unconstitutional. By declaring a law made by Congress unconstitutional, the practice of  judicial review  was established.

How to study the required court cases?

We suggest making sure to create a study plan and set up your study space with a good environment. Then, go over each court case and quiz yourself on the details. To help with your productivity, especially during the last few days before the exam, you should use a  pomodoro study timer to break up your sessions into intervals and make time for breaks. It is also hugely beneficial to study with friends so that you can motivate one another and crush the AP Gov exam together! 🙌🏾

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Landmark Library

This library of mini-lessons targets a variety of landmark cases from the United States Supreme Court. Each mini-lesson includes a one-page reading and one page of activities. The mini-lessons are designed for students to complete independently without the need for teacher direction. However, they also make great teacher-directed lessons and class discussion-starters. 

Not sure which cases you want to use? Start by reviewing our Meet the Supremes Teacher’s Guide . It provides case summaries, teaching suggestions, and a crosswalk of the themes, laws, and amendments each case addresses. If you want to assign a Supreme Court case as a research project, use our Research Roadmap graphic organizer to guide students through the process.

Explore resources in this unit

• 6-8 | Middle
• 9-12 | High

EEOC v. Abercrombie & Fitch (2015)

This mini-lesson explores the Supreme Court’s decision regarding a company’s discrimination against a Muslim woman during the hiring process. Students learn how Title VII of the…

Marbury v. Madison (1803)

This mini-lesson covers the basics of the Supreme Court’s decision that affirmed the Court’s power of judicial review. Students learn how Congress tried to add to the Supreme…

Brown v. Board of Education (1954)

This mini-lesson covers the basics of the Supreme Court’s decision that overturned “separate but equal” in public schools. Students learn about segregation and “equality under the…

Clapper v. Amnesty International (2013)

This mini-lesson covers the basics of the Supreme Court’s decision that determined the government’s ability to conduct electronic surveillance of its citizens. Students learn about…

Texas v. Johnson (1989)

This mini-lesson covers the basics of the Supreme Court’s decision that burning the American flag is a form of political speech protected by the First Amendment. Students learn…

Dred Scott v. Sandford (1857)

This mini-lesson covers the basics of the Supreme Court decision that determined Dred Scott, having lived in a free territory, was not entitled to his freedom. Students learn about…

Minersville v. Gobitas (1940)

This mini-lesson covers the basics of the Supreme Court's decision that allowed schools to require students to salute the flag and recite the Pledge of Allegiance. Students learn…

Elk v. Wilkins (1884)

This mini-lesson examines the Supreme Court’s ruling that the 14th Amendment’s Citizenship Clause did not apply to American Indians born on Native reservations. Students analyze a…

In re Gault (1967)

This mini-lesson covers the basics of the Supreme Court’s decision that said juvenile offenders have a right to due process. Students learn about 14th Amendment due process,…

Tinker v. Des Moines (1969)

This mini-lesson covers the basics of the Supreme Court's decision that extended First Amendment protections to students in the classroom. Students learn about the concept of…

Lau v. Nichols (1974)

This mini-lesson covers the basics of the Supreme Court’s decision that required public schools to provide language supports to English and multilingual learners (ELs/MLs).…

Gibbons v. Ogden (1824)

This mini-lesson covers the basics of the Supreme Court’s decision that interpreted the Commerce and Supremacy Clauses of the U.S. Constitution and affirmed the federal…

Use the Scope & Sequence to help you plan your iCivics classroom experience!

Whether you enjoy finding opportunities within a well-structured sequence of resources or prefer looking around for pieces and bits that can be jigsawed together, our Scope & Sequence documents are a perfect reference point for planning. Scope & Sequence documents are available for elementary, middle, and high school classrooms and list all of our resources in one place.

AP® US Government

Key supreme court cases: ap® us government crash course.

• The Albert Team
• Last Updated On: March 1, 2022

The Supreme Court has issued thousands of opinions, but some of its decisions have either had a profound impact on  American history  or continue to influence American government today.

The following is a comprehensive list of these cases. You are certain to be asked about some of them on the AP® US Government & Politics exam.

It is important that you know the bare-bones facts of these cases. It’s not a bad idea to make flashcards with the names and dates of the cases on the front, and the holdings on back, to help you memorize the information.

There’s a decent chance you will be asked to discuss a few cases in more detail, particularly the cases pertaining to the Bill of Rights and civil liberties.

So, let’s take a closer look at a select few of these cases.

Freedom of Religion Cases

In  Engle v. Vitale , the Court struck down a New York state nondenominational prayer that began with the words “Almighty God, we acknowledge our dependence on thee…”

Lemon v. Kurtzman  set guidelines to help determine whether government action crosses the church-state line. These guidelines are: the purpose of the legislation must be secular, not religious; its primary affect must neither enhance nor inhibit religion; and it must avoid an “excessive entanglement of government with religion.”

Freedom of Speech Cases

In  Schenck v. United States , the majority ruled that Schenck did not have the right to print, speak or distribute materials against US efforts in World War I because a “clear and present danger” existed.

New York Times v. US , famously known as the Pentagon Papers case, held that the government did not have the right to prohibit the New York Times from publishing information about the history of US involvement in the Vietnam War.

Citizens United v. FEC  held that corporate funding of political advertisements that did not specifically endorse a candidate was constitutional under the First Amendment and could not be limited.

Right to Privacy Cases

Griswold v. Connecticut  held that Americans had a right to privacy that was implied by other constitutional protections and that this meant the state could not prohibit the use of contraceptives.

Roe v. Wade  used the concept of being “secure in their persons” to hold that abortions are constitutionally protected.

The federal judiciary provides some more summaries of important cases  here .

A Practice AP® US Government Free-Response Question

Now let’s look at part of a sample  free-response question and figure out how to answer it .

The First Amendment includes two clauses relating to the freedom of religion. 1. Select one of the following cases and identify the First Amendment clause upon which the United States Supreme Court based its decision.

2. Engle v. Vitale  (school prayer)

3. Lemon v. Kurtzman  (state funding for private religious schools) 4. Describe the Supreme Court’s opinion in the decision you selected in (a).

OK, this shouldn’t be too difficult. For (a), let’s pick  Lemon v. Kurtzman .

We know that the First Amendment says “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.”

Kurtzman  deals with the Establishment Clause, because it aims to allow for government funding of the secular aims of parochial (religious) schools without funding religion itself.

For part (b), the answer is simple. All we have to do is write down how the case was decided. The Court allowed government funding for parochial schools, as long as three guidelines were met:

1. The purpose of the legislation must be secular, not religious

2. Its primary affect must neither enhance nor inhibit religion

3. it must avoid an “excessive entanglement of government with religion.”

Remember the Most Salient Facts of Cases

The key for doing well on questions about  Supreme Court cases  on the AP® US Government & Politics exam is to memorize the most salient facts about the important cases. Use flashcards, or do drills with a classmate to commit these cases to memory.

Looking for AP® US Government practice?

Kickstart your AP® US Government prep with Albert. Start your AP® exam prep today .

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The National Constitution Center’s Supreme Court Cases Library includes materials on the most influential Supreme Court cases in American history. To ensure nonpartisan rigor and ideological diversity, we enlisted a pair of leading scholars from diverse constitutional perspectives—Caroline Fredrickson and Ilan Wurman—to help choose the landmark cases included in the Supreme Court Cases Library . The Supreme Court Cases Library also includes landmark cases curated by the National Constitution Center team.

Constitutional Topics

Kennedy v. bremerton school district.

597 U.S. __ (2022)

Dobbs v. Jackson Women’s Health Organization

597 U.S. ___ (2022)

Roman Catholic Diocese of Brooklyn v. Cuomo

592 U. S. __ (2020)

Our Lady of Guadalupe School v. Morrissey-Berru

591 U.S. __ (2020)

Espinoza v. Montana Dept. of Revenue

Carpenter v. united states.

585 U.S. ___ (2018)

Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission

584 U.S.__ (2018)

Obergefell v. Hodges

576 U.S. ___ (2015)

Zivotofsky v. Kerry

Town of greece v. galloway.

572 U.S. 565 (2014)

Shelby County v. Holder

570 U.S. 529 (2013)

National Federation of Independent Business v. Sebelius

567 U.S. 519 (2012)

Citizens United v. Federal Election Commission

558 U.S. 310 (2010)

District of Columbia v. Heller

554 U.S. 570 (2008)

Lawrence v. Texas

539 U.S. 558 (2003)

Bush v. Gore

531 U.S. 98 (2000)

Printz v. United States

521 U.S. 898 (1997)

Washington v. Glucksberg

521 U.S. 702 (1997)

United States v. Virginia

518 U.S. 515 (1996)

United States v. Lopez

514 U.S. 549 (1995)

Employment Division v. Smith

494 U.S. 872 (1990)

Texas v. Johnson

491 U.S. 397 (1989)

Morrison v. Olson

487 U.S. 654 (1988)

Hazelwood School District v. Kuhlmeier

484 U.S. 260 (1988)

South Dakota v. Dole

483 U.S. 203 (1987)

Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc.

467 U.S. 837 (1984)

Lynch v. Donnelly

465 U.S. 668 (1984)

Harlow v. Fitzgerald

457 U.S. 800 (1982)

Regents of the University of California v. Bakke

438 U.S. 265 (1978)

United States v. Nixon (The Tapes Case)

418 U.S. 683 (1974)

Frontiero v. Richardson

411 U.S. 677 (1973)

Roe v. Wade

410 U.S. 113 (1973)

Wisconsin v. Yoder

406 U.S. 205 (1972)

New York Times Co. v. United States (The Pentagon Papers Case)

403 U.S. 713 (1971)

Brandenburg v. Ohio

395 U.S. 444 (1969)

Tinker v. Des Moines Independent Community School District

393 U.S. 503 (1969)

Terry v. Ohio

392 U.S. 1 (1968)

Katz v. United States

389 U.S. 347 (1967)

Loving v. Virginia

388 U.S. 1 (1967)

Miranda v. Arizona

384 U.S. 436 (1966)

South Carolina v. Katzenbach

383 U.S. 301 (1966)

Griswold v. Connecticut

381 U.S. 479 (1965)

United States v. Seeger

380 U.S. 163 (1965)

Reynolds v. Sims

377 U.S. 533 (1964)

New York Times Company v. Sullivan

376 U.S. 254 (1964)

Sherbert v. Verner

374 U.S. 398 (1963)

Gideon v. Wainwright

372 U.S. 335 (1963)

Engel v. Vitale

370 U.S. 421 (1962)

Mapp v. Ohio

367 U.S. 643 (1961)

Sweezy v. New Hampshire

354 U.S. 234 (1957)

Brown v. Board of Education of Topeka

347 U.S. 483 (1954)

Youngstown Sheet & Tube Co. v. Sawyer (Steel Seizure Case)

343 U.S. 579 (1952)

Terminiello v. Chicago

337 U.S. 1 (1949)

Everson v. Board of Education of Ewing Township

330 U.S. 1 (1947)

Korematsu v. United States

323 U.S. 214 (1944)

West Virginia State Board of Education v. Barnette

319 U.S. 624 (1943)

Wickard v. Filburn

317 U.S. 111 (1942)

Thornhill v. Alabama

310 U.S. 88 (1940)

Erie Railroad Co. v. Tompkins

304 U.S. 64 (1938)

United States v. Carolene Products Co.

304 U.S. 144 (1938)

West Coast Hotel Co. v. Parrish

300 U.S. 379 (1937)

Crowell v. Benson

285 U.S. 22 (1932)

Stromberg v. California

283 U.S. 359 (1931)

Olmstead v. United States

277 U.S. 438 (1928)

Whitney v. California

274 U.S. 357 (1927)

Gitlow v. New York

268 U.S. 652 (1925)

Pierce v. Society of Sisters

268 U.S. 510 (1925)

Abrams v. United States

250 U.S. 616 (1919)

Schenck v. United States

249 U.S. 47 (1919)

Lochner v. New York

198 U.S. 45 (1905)

United States v. Wong Kim Ark

169 U.S. 649 (1898)

Plessy v. Ferguson

163 U.S. 537 (1896)

Chinese Exclusion Case—Chae Chan Ping v. United States

130 U.S. 581 (1889)

The Civil Rights Cases

109 U.S. 3 (1883)

Strauder v. West Virginia

100 U.S. 303 (1880)

Reynolds v. United States

98 U.S. 145 (1879)

Minor v. Happersett

88 U.S. 162 (1875)

Bradwell v. The State of Illinois

83 U.S. 130 (1873)

The Slaughter-House Cases

83 U.S. 36 (1873)

Dred Scott v. Sandford

60 U.S. 393 (1857)

McCulloch v. Maryland

17 U.S. 316 (1819)

Marbury v. Madison

5 U.S. 137 (1803)

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AP® Government: Required Supreme Court Cases- Chart, Quiz, and Keys

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This resource is perfect for AP® U.S. Government teachers looking to teach the required landmark Supreme Court cases for the updated 23-24 exam. This product includes a student court chart handout, a key for the teacher, two versions of a review quiz, and an answer key. Students will research each of the 14 cases and discover the facts, constitutional issue(s), decision, and opinion/reasoning of the Court for each one. The handout provides directions, an example, and online resources students can access to complete the assignment. The teacher key comes will all information already filled in, which will save you hours of time! The quiz features the precedents set by all 14 cases and comes in two versions (with a word bank and without). The quiz also includes an answer key for quick grading.

Everything is editable with the exception of the chart key, which comes in PDF format. The student handout comes in a word doc and a fillable PDF, as do all quiz materials. This assignment has been aligned with the updated (2023-2024) AP® Government exam and course description and will be a great tool to use for the upcoming school year!

Check out these other great AP U.S. Government resources available in my store:

AP® U.S. Government Warm-Ups

Constitutional or Unconstitutional? Activity and Outlines

Foundations of American Democracy BUNDLE for AP® U.S. Government

Bill to Law BUNDLE

The Federalist Papers: Analysis of 10, 51, and 78

Foundations of American Democracy Test

Civil Rights and Civil Liberties Test

AP® Government Switch-Up Game BUNDLE

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