Supreme Court of the United States

The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It makes the final decisions on important laws and rights protected by the U.S. Constitution and federal law. The Court can review decisions from lower courts and decide if actions by the president or laws passed by Congress follow the Constitution.

The Court has nine justices—the chief justice of the United States and eight associate justices—who meet at the Supreme Court Building in Washington, D.C.. These justices serve for their entire lives unless they retire, resign, or are impeached. When a justice leaves the Court, the president nominates a new one, and the Senate must approve the choice.

Each justice has one vote when the Court decides cases. When most justices agree on a decision, the chief justice chooses who writes the official explanation, called the opinion of the court. Justices who disagree can write their own explanations, called dissents. Every year, the Court receives thousands of requests to hear cases but only agrees to hear about 80, making its decisions very important for the whole country.

History

Main article: History of the Supreme Court of the United States

In 1787, after the American Revolutionary War ended, leaders met in Philadelphia to discuss how the government should work. They decided to create a national judiciary, meaning a group of judges to ensure laws were followed. They wrote about this in Article Three of the United States Constitution, but did not explain exactly how the Supreme Court would work.

The first United States Congress provided more details in 1789. They decided the Supreme Court would have a chief justice and five other judges. The Court first met in New York City in 1790 and later moved to other cities as the country’s capital changed.

Under early leaders like Jay, Rutledge, and Ellsworth, the Court did not handle many cases. Its importance grew later under Marshall, who helped the Court decide important issues about the country’s laws.

The Taney Court made some famous decisions. Later Courts helped explain new parts of the Constitution after the Civil War.

During the time of Presidents like Hughes, Stone, and Vinson, the Court began meeting in its own building in 1935. They changed how they thought about the Constitution to support President Roosevelt’s New Deal plans.

The Warren Court made big changes, such as deciding that separating children by race in schools was wrong and that everyone should have a fair right to privacy.

The Burger Court discussed privacy and important personal choices. The Rehnquist Court focused on the balance of power between the federal government and the states.

The Roberts Court, which started in 2005, has made many decisions about important issues like voting rights, climate change, and marriage laws.

Composition

Nomination, confirmation, and appointment

The president of the United States can choose who they want to be a justice on the Supreme Court. The Senate must agree before someone can officially join. This process helps make sure that the person chosen is right for the job. Sometimes, the Senate can delay or even stop a nomination, depending on how they feel about the person.

Tenure

Justices on the Supreme Court can stay in their jobs for a very long time, even for their whole lives, unless something very serious happens. This means that sometimes the court might not change for many years, which can affect its decisions.

Size of the court

The Supreme Court has nine justices: one chief justice and eight others. The number of justices hasn't always been nine. It has changed over time based on the needs of the country. Some people have suggested changing the number again, but so far, it has stayed at nine.

Membership

See also: List of justices of the Supreme Court of the United States

Sitting justices

There are nine justices on the Supreme Court: Chief Justice John Roberts and eight associate justices. Clarence Thomas has been on the court the longest. The newest justice is Ketanji Brown Jackson, who joined the court in 2022.

This timeline shows how long each current justice has served on the court.

Court demographics

Main article: Demographics of the Supreme Court of the United States

The court has five male and four female justices. There are two African American justices and one Hispanic justice. One justice was born to an immigrant parent.

There are at least six justices who are Roman Catholics, one who is Jewish, and one who is Protestant. The court includes justices from different places. Most justices studied law at Ivy League schools, except for Amy Coney Barrett, who studied at Notre Dame.

Historically, the court did not include many women or people from different racial or ethnic backgrounds. This changed in the late 20th century. Thurgood Marshall was the first African-American justice in 1967. Sandra Day O'Connor became the first woman justice in 1981. Since then, more women and people from different backgrounds have joined the court.

Judicial leanings

Main article: Ideological leanings of United States Supreme Court justices

Justices are chosen by the president and approved by the Senate. They often share the views of the president who chose them. Justices are sometimes called "conservative" or "liberal" based on their views. In recent years, the court has had more clear differences between justices chosen by Republican and Democratic presidents.

After Amy Coney Barrett joined in 2020, the court has six justices chosen by Republican presidents and three by Democratic presidents. The justices chosen by Republicans are often seen as more conservative, while those chosen by Democrats are often seen as more liberal.

Retired justices

There are two retired justices who are still alive: Anthony Kennedy and Stephen Breyer. They no longer work at the Supreme Court but can help with cases in lower courts when asked.

Salary

Further information: Federal judge salaries in the United States

See also: Supreme Court of the United States § Ethics

As of 2024, associate justices earn $298,500 each year, and the chief justice earns $312,200. When they retire, they receive a pension based on their salary.

Seniority and seating

The justices follow certain rules based on how long they have served. The chief justice is always first. The other justices are seated and speak in order of how long they have served, with the newest justice speaking last.

Facilities

Main article: United States Supreme Court Building

The Supreme Court first met on February 1, 1790, in New York City. It later moved to Philadelphia and then to Washington, D.C. In 1935, the court moved into its own special building. This building was designed by Cass Gilbert. It has a courtroom, offices for the justices, a large law library, and other spaces. It is open to visitors from 9 am to 4:30 pm on weekdays. When the court is not busy, visitors can watch talks about the courtroom. When the court is hearing cases, people can listen to the discussions if they get there early.

Jurisdiction

Congress decides how much control the Supreme Court has over the cases it reviews, according to the Constitution.

The Supreme Court can hear some cases directly. This includes cases between two or more states, or cases about leaders of other countries. It can also hear disputes between the United States and a state, or between a state and people from another state. These direct cases happen very rarely.

Most of the time, the Supreme Court reviews decisions made by lower courts. It looks at cases from federal appeal courts, military courts, and the highest courts of U.S. territories like Puerto Rico and the Virgin Islands. It can also review decisions from state courts if the state’s highest court didn’t hear the case. This helps the Supreme Court make sure important federal laws and constitutional issues are handled the same way in all states.

The Supreme Court cannot decide cases that have already been resolved or give advice before problems happen. But it can still look at some finished cases if the problem might happen again and needs a decision.

Each Supreme Court justice is assigned to help with one or more of the country’s appeal court regions, handling certain requests and decisions for those areas.

Process

Main article: Procedures of the Supreme Court of the United States

Case selection

Most cases reach the Supreme Court through requests called "certiorari," often shortened to "cert." The court chooses to review civil or criminal cases from lower federal courts or important state court cases that involve federal laws.

Case names are written as "petitioner v. respondent," no matter who started the lawsuit.

The court also answers questions sent to it by other appeals courts.

The Supreme Court looks at the information from lower courts to decide how the law applies to a case.

A request for review is voted on in a private meeting of the justices. If at least four justices agree, the court agrees to hear the case. If not, the case ends, and the lower court's decision stays in place.

Written evidence

The court reads written arguments called "amicus briefs" to help decide cases.

Oral argument

When the court agrees to hear a case, both sides file written arguments. The court holds oral arguments for two weeks each month from October to April. Each side gets thirty minutes to speak, and justices can ask questions.

Decision

After hearing arguments, the court decides cases by vote. One justice writes the court's decision, called the "majority opinion." Other justices can agree but add their own thoughts, or disagree.

The court tries to finish all cases from a term by the end of that term. Decisions are first shared on paper and later posted online.

Published opinions

The court's decisions are shared in three steps. First, a quick version called a "slip opinion" is posted online. Later, they are bound into books called "United States Reports."

Supreme Court bar

Lawyers must join a special group to speak in front of the court.

Term

A court term starts on the first Monday in October and ends in June or July. The term includes times when the court hears cases and times when justices discuss and write about cases.

Institutional powers

The U.S. Constitution did not say much about whether courts can decide if laws are fair. Over time, it became clear that courts can decide if laws go against the Constitution.

The Supreme Court showed this power in Marbury v. Madison in 1803. The leader of the court said it is the job of courts to explain what the law means. Some leaders did not like this, but it has been the way things work ever since.

The Supreme Court cannot make people follow its rules by itself. It depends on people and governments to respect its decisions. Sometimes, states did not follow the court's orders. Also, the court’s decisions can be changed by adding new rules to the Constitution, which has happened a few times. The other parts of the government can also affect the court, like by changing how many justices there are or what kinds of cases the court can hear.

Main article: Judicial review

Main articles: List of United States Supreme Court cases‎, List of United States Supreme Court cases by volume‎, List of United States Supreme Court cases by justice‎

Further information: List of United States Supreme Court opinions by John Marshall‎, List of United States Supreme Court cases cited by Warren Burger‎, List of United States Supreme Court cases cited by William Rehnquist‎

Law clerks

Further information: Lists of law clerks of the Supreme Court of the United States

Each justice on the Supreme Court hires law clerks to help with important work. Law clerks look at requests to hear cases, research topics, prepare reports, and write opinions. Associate justices can have four clerks, and the chief justice can have five, though some chief justices choose to have fewer.

The first law clerk was hired in 1882. Most clerks are recent graduates from law school. Many come from top schools like Harvard and Yale. Some current justices were once law clerks themselves.

Criticism and controversies

The United States Supreme Court has faced many criticisms and controversies. Some people think the Court's long-term jobs, big power, and hard-to-change constitution make people less happy with it. Approval ratings have dropped since the 1960s to around 40% in recent years.

Public trust in the Court has gone down, especially after the 2022 ruling that changed laws about a health choice. Many people think the Court is influenced by politics and does not have enough checks. There have been concerns about ethics, with some justices getting expensive gifts without telling people about it.

The Court has also been criticized for its role in shaping American democracy. Some believe it has made it harder for everyone to have an equal say and given more power to a small group. There are debates about the Court's decisions on rights, with some saying it protects rights too much, while others say it does not protect rights enough.

The Court's ways of working and how open it is have also been questioned. Some think the Court works too secretly and takes too long to make decisions. There have been times when early versions of decisions were shared before the official announcement, causing worry about the Court's honesty.