Lesson Plan: 2023-2024 Supreme Court Term Preview

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 plan offers a preview of cases in the 2023-2024 Supreme Court term. The lesson opens with reflective questions that ask students to consider their knowledge of famous Supreme Court cases and rulings, the issues that the Court addressed last term and the last term's impact, and potential issues that the Court may address during this term. Students then watch, analyze, and respond to an introductory video in which Supreme Court Justice Stephen Breyer talks about the process that the Supreme Court uses to select cases each term. Next, students engage in an activity where they choose to study two cases that will be argued in front of the Supreme Court during this term. Students will conduct additional self-guided research as needed to determine each case's petitioner(s) and respondent(s), key issue(s), expected outcome, facts of the case, and question(s) before the court, presenting their findings to the class. An optional extension asks students to conduct a similar analysis for one case that is pending the granting of certiorari and may or may not be heard by the court this term. The lesson concludes with a summative writing prompt.

Procedures

  • SET UP

    This lesson offers several options for you to use with your students whether you are teaching in class, using a hybrid model, or engaging through distance learning. It can be completed in steps as a class or students can move at their own pace and complete the activities independently.

    You can post links to the videos in the lesson along with the related handout and engage in discussion to share responses on a discussion board or learning management system.

    You can also save and share the following Google resources for students to use with this lesson.

    Handout: Graphic Organizer (Google Docs).

    In Google, choose "File" then "Make a Copy" to get your own copy. You can make any needed adjustments in the instructions such as which activities students need to complete, when it is due, etc. and then make it available to them via Google.

  • WARM UP

    Pose the following brainstorming questions to your students, directing them to answer one of choice and share their responses with a partner or small group.

    • Name three famous Supreme Court cases and summarize each ruling.
    • What issues did the Supreme Court address last term, and what impact did the cases have on the country?
    • Which issues do you think the Supreme Court may address during this term? Why?
  • INTRODUCTION

    Play this introductory video clip [Clip #1] (6:36), in which Supreme Court Justice Stephen Breyer talks about the process that the Supreme Court uses to select cases each term.

    Direct your students to answer each of the following questions in their graphic organizers and share their responses with a partner, a small group, or the whole class:

    • 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?
    • 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.
  • ACTIVITY

    Have your students view the activity section of their graphic organizers and select two of the Supreme Court cases listed (each case is also listed below).

    Direct your students to watch the video clip for each of the two cases, taking notes as they listen. Have your students fill in the boxes in the chart using the information they learned in the video clips.

    If your students need additional information to complete the chart, have them conduct their research using either Oyez or ScotusBlog. Note: not all of the boxes will be filled in evenly.

    Direct your students to prepare to share their findings with the class.

  • EXTENSION

    The Supreme Court regularly grants certiorari for additional cases throughout the term, including at its long conference. While some cases under consideration by the Supreme Court may ultimately not be heard, the key issues/questions may still lend critical insight.

    Have your students view the extension section of their graphic organizers and select one of the potential Supreme Court cases listed (each case is also listed below).

    Direct your students to watch the video clip for their selection, taking notes as they listen. Have your students fill in the boxes in the chart using the information they learned in the video clip.

    If your students need additional information to complete the chart, have them conduct their research using either Oyez or ScotusBlog. Note: not all of the boxes will be filled in evenly.

    Direct your students to prepare to share their findings with the class.

  • CLOSURE

    After your students are finished with the lesson, direct them to complete the final culminating writing prompt in their graphic organizers, and have students share their responses, comparing their perspectives with their classmates' perspectives: Which cases this term do you think will: 1.) have surprising rulings, 2.) have the most immediate impact on the country, and 3.) have the longest lasting impact on the country? Be sure to include evidence from the video clips in the lesson to support your argument.

Additional Resources