Jonah Patel
The Supreme Court of the United States is the highest court in the country. It has original jurisdiction over certain cases, such as suits between states or cases involving ambassadors. The Court also has appellate jurisdiction, allowing it to hear cases on appeal that involve constitutional or federal law. The Supreme Court justices decide which cases to hear and accept around 100 to 150 out of 7,000 cases annually. They consider the national significance of a case, the potential to harmonize conflicting decisions, and its precedential value. The Court's term typically begins in October and ends the Sunday before the first Monday of the following October, with oral arguments heard from October through April.
| Characteristics | Values |
|---|---|
| Number of cases heard per year | 65-70 cases out of 7,000-10,000 petitions |
| Number of justices | 9 |
| Number of votes required to accept a case | 4 |
| Number of votes required to grant a stay | 5 |
| Court term | Begins on the first Monday in October and goes through the Sunday before the first Monday in October of the following year |
| Court recess | From late June/early July until the first Monday in October |
| Court hearing dates | From October through April |
| Court sessions per week | 2 |
| Court sessions per year | 9 months |
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What You'll Learn
Supreme Court justices
The Supreme Court of the United States is established by Article III, Section 1 of the Constitution. The Court currently comprises nine Justices, including one Chief Justice and eight Associate Justices. These justices are appointed by the President and confirmed by the Senate. They typically hold office for life, with their salaries protected from decrease during their term. These measures aim to safeguard the judiciary's independence from political branches.
The Supreme Court has original jurisdiction over specific cases, such as suits between states or cases involving ambassadors. It also has appellate jurisdiction, allowing it to hear cases on appeal that involve constitutional or federal law. The Court exercises discretion in deciding whether to hear a case, considering factors like national significance, resolving conflicting decisions, and precedential value.
The “Rule of Four," is employed, where four of the nine justices must vote to accept a case. The justices discuss the cases during their conferences, held twice a week when the Court is in session. They review briefs filed by the involved parties and interested groups, and oral arguments are presented before the Court.
The Supreme Court's term typically begins in October and ends the Sunday before the first Monday of the following October. The Court operates nine months a year, hearing approximately 65 to 150 cases annually out of thousands of petitions received.
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Certiorari and petitions
The Supreme Court has original jurisdiction over certain cases, such as suits between two or more states or cases involving ambassadors and other public ministers. It also has appellate jurisdiction, which means it can hear almost any case that involves a point of constitutional and/or federal law. This includes cases where the United States is a party, cases involving treaties, and admiralty cases involving ships on the high seas and navigable waterways.
When exercising its appellate jurisdiction, the Supreme Court has the discretion to decide whether or not to hear a case. This discretion is granted by the Certiorari Act of 1925. In a petition for a writ of certiorari, a party asks the Court to review its case. The side seeking Supreme Court review is known as the "petitioner," while the side that won in the lower court and opposes Supreme Court review is known as the "respondent." After the petitioner files its cert petition, the respondent has 30 days to file a brief arguing that the Supreme Court should not hear the case.
The justices generally consider the petition, the brief in opposition, and the petitioner's reply brief about a month after the brief in opposition is submitted. However, there are certain times during the year, notably from late June to late September, when the justices do not regularly meet to consider cert petitions.
The Supreme Court agrees to hear about 100-150 of the more than 7,000 cases it is asked to review each year. Its best-known power is judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution. This power is not explicitly mentioned in the text of the Constitution but has been established through the Court's decisions.
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District and appeals courts
The federal court system in the United States has three main levels: district courts, circuit or appeals courts, and the Supreme Court. There are 94 district courts across the country, which are also known as trial courts. District courts resolve disputes by determining the facts and applying the law to those facts. District court judges are responsible for managing the court and supervising court employees. They can serve as long as they maintain "good behaviour" and can be impeached and removed by Congress.
The 13 circuit courts are also known as the courts of appeals. They are the first level of appeal and sit below the Supreme Court. The appeals court's task is to review challenges to court decisions and determine whether the law was correctly applied in the trial court or federal administrative agency. Appeals court judges, also called circuit judges, usually sit in a panel of three judges. Once the district court has finalised a decision, any case may be appealed to the circuit court.
The Supreme Court is the highest court in the United States and the final level of appeal in the federal system. It has original jurisdiction over certain cases, such as suits between two or more states or cases involving ambassadors. The Court also has appellate jurisdiction, meaning it can hear cases on appeal that involve a point of constitutional or federal law. The Certiorari Act of 1925 gives the Supreme Court the discretion to decide whether or not to hear a case.
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Constitutional arguments
The Supreme Court of the United States is established by Article III, Section 1 of the US Constitution. The Court has nine Justices, who are appointed by the President and confirmed by the Senate. They typically hold office for life.
The Supreme Court has original jurisdiction over certain cases, such as suits between two or more states, or cases involving ambassadors and other public ministers. The Court also has appellate jurisdiction, which means it can hear cases on appeal that involve a point of constitutional and/or federal law. Examples include cases where the US is a party, cases involving treaties, and admiralty cases.
The Supreme Court has almost total control over which cases it hears each year. It receives about 10,000 petitions annually, but only hears about 65-70 cases. The Court is not obliged to hear cases, and usually only does so if the case could have national significance, might harmonize conflicting decisions in federal Circuit Courts, or could have precedential value. The Court accepts about 100-150 cases for review each year.
The Supreme Court's best-known power is judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution.
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Supreme Court rules
The Supreme Court of the United States is the highest court in the country. It is composed of nine justices, including one Chief Justice and eight Associate Justices. These justices are appointed by the President and confirmed by the Senate. They hold office for life, and their salaries cannot be decreased during their term. These measures are in place to protect the judiciary's independence from political branches of government.
The Supreme Court receives about 10,000 petitions each year, but only hears about 65 to 70 cases. The justices use the “Rule of Four” to decide whether to take on a case. If four of the nine justices determine that a case has merit, they will issue a writ of certiorari, which is a legal order for the lower court to send records of the case for review. The Supreme Court then agrees to hear about 100 to 150 cases each year.
The Supreme Court has original jurisdiction over certain cases, such as suits between two or more states, and cases involving ambassadors and other public ministers. It also has appellate jurisdiction, which means it can hear a case on appeal if it involves a point of constitutional or federal law. The Court usually hears cases that have been decided in a U.S. Court of Appeals or the highest court in a given state. The Supreme Court also intervenes when different courts have ruled different ways on the same issue, clarifying the law.
The Supreme Court's term begins on the first Monday in October and goes through to the Sunday before the first Monday in October of the following year. The Court hears oral arguments in cases from October through April. When Court is in session, conferences are held on Wednesday and Friday afternoons to discuss the cases heard earlier that week.
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Frequently asked questions
No, the Supreme Court does not only hear constitutional cases. The Supreme Court hears cases that have been decided in either an appropriate U.S. Court of Appeals or the highest Court in a given state. The Supreme Court receives about 10,000 petitions a year and hears about 65-70 cases a year.
In nearly every case, someone brings a new case to a district court. There are 94 district courts in the United States. A single judge presides over (or manages) the case, and the case is decided by either a judge or a jury. The loser may then decide to appeal the district court’s ruling by bringing the case to the Court of Appeals. The loser in the Court of Appeals may then petition for a writ of certiorari, which means they want the Supreme Court to take their case and decide it.
The winner and loser from the court of appeals file briefs before the Supreme Court. These are documents that lawyers write, presenting the constitutional arguments on their side of the case. Others affected by the case can also write briefs, known as "amicus curiae" briefs, explaining why the Court should choose one side. The justices then read the briefs in the case, and the Supreme Court holds oral argument, where the lawyers on each side get to state their case and the justices get to ask questions.
The Supreme Court receives thousands of petitions for hearings and can only grant a hearing to a small percentage of cases. The Court operates only nine months out of the year and must attend to other business beyond reviewing and hearing new cases. The Supreme Court usually only hears cases that could have national significance, might harmonize conflicting decisions in the federal Circuit courts, and/or could have precedential value.
