Prior to Oral Arguments

* Each side submits a legal brief, that is, a written legal argument outlining each party’s points of law. The justices have read these briefs before argument and are thoroughly familiar with the case.

* The marshal or his representative calls the court to order, maintains decorum in the courtroom, tapes the audio portions of arguments, and times the oral presentations so that attorneys do not exceed their time limits.

* An attorney for each side of a case makes a presentation to the court and answers questions posed by the justices.

* On the lectern there are two lights. When the attorney has five minutes remaining to argue the case, a white light goes on. A red light indicates that the attorney has used all the allotted time.

How the Court Makes a Decision

* Following the presentation of oral arguments, the justices meet in a private conference that is closed even to Supreme Court staff.

* The justices discuss the case and take a preliminary vote on the case.

* If the chief justice is in the majority on a case decision, he decides who will write the opinion.

* The chief justice may decide to write the opinion himself, or the chief justice may assign that duty to any other justice in the majority.

* When the chief justice is in the minority, the justice in the majority who has the most, seniority assumes the assignment duty.

* Draft opinions are privately circulated among the justices until a final draft is agreed upon.

* No one knows exactly when a decision will be handed down by the court in an argued case, and there is no set time period in which the justices must reach a decision.

* When a final decision has been reached, the justice who wrote the opinion announces the decisions in a court session and may deliver a summary of the court’s reasoning.

* Opinions of the court will be released by the clerk immediately upon their announcement from the bench, or as the court otherwise directs.

* The public information office releases the full text of the opinion to the public and news media.

Source: Supreme Court of the United States.

More Information online

To hear Monday’s U.S. Supreme Court hearing, join a discussion about the case and get the latest news on the recount in Florida, go to: www.latimes.com/decision 2000. Here are some other Internet resources about the unsettled election and the legal issues at stake:

U.S. Supreme Court:

www.supremecourtus.gov/ U.S. Constitution:

www.access.gpo.gov/congress/senate/constitution/toc.html

Florida Constitution and election statutes:

www.leg.state.fl.us/Statutes

Presidential election law:

jurist.law.pitt.edu/election2000.htm

FindLaw’s election page:

news.findlaw.com/legalnews/uslelection/electuon2000.html

Florida Department of State Division of Elections:

election.dos.state.fl.us/Electoral College:

www.nara.gov/tedreg/elctcoll

Federal Election Commission:

www.fec.gov

Researched by Cary Schneider, Editorial Library