The Supreme Court provides Judicial Review on the Constitutionality of proposed Bills from the current year’s program. The Justices of the Supreme Court, the Governor, and his/her Cabinet develops the list of Bills to be reviewed.
The Supreme Court is comprised of:
- Justices: 5 including the Chief Justice; Appointed by the Youth Governor
Justices hear all cases brought before them. They hear testimony, question presenters, research the current law, and after considering all the factors, rule on the Constitutionality of the issues. - Advocates: 2, Elected at Caucus
Advocates assist Bill Sponsors when their Bills have been Constitutionally challenged. Advocates prepare the Sponsor and assist in the presentation to the Supreme Court. - Clerk: 1, Elected at Caucus
The Clerk records all proceedings in the Supreme Court and have opening ceremonial duties and introduce the Justices. The Clerk also assists the Justices in drafting rulings. - Attorney General: 1, Selected by Youth and Government Program Director & Advisors
The Attorney General presents the State’s argument on Bills before the Supreme Court representing current law and precedents. - State Attorney: 1, Elected at Caucus
The State Attorney represents the Senate Committee Chairs in challenging a Bill before the Supreme Court.
Selection of Bills/Issues
Justices of the Supreme Court hear the certiorari briefs that are filed. Certiorari briefs are the formal legal document that requests a higher court review the constitutionality of a Bill and may be filed by:
- Committee Chairs can each file 2 briefs
- The Attorney General can file a maximum of 9 briefs
The Attorney General must submit their certiorari briefs by the end of Thursday and all Committees must file theirs by 6:00 pm on Friday.
The court will then review the certiorari briefs on Friday night and announce at the Friday night closing session the schedule for Bills to heard on Saturday and Sunday.
Once the announcement of the Bills to be heard is made amicus curiae* or friends of the court—for Youth and Government they are members of the House, Senate, Governor’s Cabinet, and Media—may file an amicus brief.
The purpose of an amicus brief is to provide legal justifications as to why, or why not, a challenged Bill is constitutional. Amicus briefs should include legal citations and must be filed in writing or in email to the clerk of the court before the oral arguments in a given case are heard. Whether or not the amicus briefs will be read and considered in deliberation is at the discretion of the members of the Supreme Court.
*In the US Supreme Court amicus are usually outside organizations who want a particular outcome in a case. Within YIG, the potential amicus in any case could be the Attorney General, alternate advocates, lobbyist-lawyers, and the State Attorney. It is important to note that the state attorney would be acting on behalf of the president of the senate when filing amicus briefs, the same way the attorney general is acting on behalf of the governor.
Hearing of Bills
Bill hearings will begin at 10:00 am on Saturday
- Each Hearing is scheduled for 45 minutes:
- 15 minutes for the side supporting the Bill’s constitutionality give a presentation and answer questions
- 15 minutes for the side supporting the Bill’s unconstitutionality to give a presentation and answer questions
- 20 minutes for Justices to deliberate, begin drafting opinion, and prepare for next hearing
- The constitutional side may ask to defer up to 2 minutes of their 15 to give rebuttal to the other side's argument.
Emergency Appeals
If during the Committee work session on Friday night, or during Floor Debate on Saturday and Sunday, an amendment is proposed to a Bill not before the Supreme Court, the Committee Chairs, or House and Senate Presiding Officers can file an Emergency Appeal.
In an Emergency Appeal, the Bill and its challenged amendment is filed with the Clerk of the Court by the Attorney General or the Governor's Chief of Staff. The Attorney General and Advocates present the amendment and arguments to the Court, and the Court rules on the Constitutionality of that amendment. The ruling is sent by message to the Chairs or Presiding Officers of their ruling.
If the Court is not in session, Justices must go straight into deliberation on the appeal. Rulings must be confined to the challenged amendment and can in no way rule on the constitutionality of the Bill as a whole.
- If the court rules that the amendment is constitutional, the Bill is returned to its normal course.
- If the court rules the amendment unconstitutional, the amendment is stripped from the Bill, and the Bill is placed at the top of the dockets for whichever Chamber or Committee the Bill was brought from.
There is no limit to how many Emergency Appeals can be filed, however, the same amendment cannot be challenged twice. Likewise, an unconstitutional amendment cannot be reattached to the Bill.
