Isabella Carter
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. The US Constitution establishes the Supreme Court in Article III, Section 1, which states that the judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Constitution permits Congress to decide how to organise the Supreme Court, and over the years, various Acts of Congress have altered the number of seats on the Supreme Court, from a low of five to a high of 10. Today, there is one Chief Justice and eight Associate Justices of the United States Supreme Court. Justices are appointed by the President and confirmed by the Senate and typically hold office for life. This is to protect the independence of the judiciary from the political branches of the government.
| Characteristics | Values |
|---|---|
| Number of justices | 9 |
| Roles | Chief Justice and Associate Justices |
| Appointment | Appointed by the President and confirmed by the Senate |
| Term | Justices hold office during good behavior, typically for life |
| Jurisdiction | Original and appellate jurisdiction |
| Cases heard | 100-150 of the more than 7,000 cases that it is asked to review each year |
| Court term | Begins on the first Monday in October and goes through the Sunday before the first Monday in October of the following year |
| Oral arguments | Heard from October through April |
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What You'll Learn
Appointment and confirmation
The appointment and confirmation of Supreme Court justices are outlined in the US Constitution, specifically in Article III, Section 1, and Article II, Section 2, Clause 2, also known as the Appointments Clause.
Article III, Section 1 establishes the Supreme Court of the United States and specifies that there are nine justices on the Court. Before taking office, each justice must go through an appointment and confirmation process.
The appointment process is outlined in the Appointments Clause, which empowers the President to nominate and appoint justices of the Supreme Court with the confirmation of the United States Senate. This process is similar to that of other federal judges, where the President makes the appointment, and the Senate confirms the nominee.
The Senate's role in confirming Supreme Court justices is meant to protect the independence of the judiciary from political branches of government. The number of seats on the Supreme Court has varied over time, ranging from five to ten, but it was fixed at nine shortly after the Civil War, and this remains the current composition.
Once appointed and confirmed, justices typically hold office for life, and their salaries cannot be decreased during their term. The Supreme Court's term typically begins on the first Monday in October and continues through the Sunday before the first Monday in October of the following year. The Court hears oral arguments from October to April and typically accepts cases that have been decided in a US Court of Appeals or the highest court in a given state.
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Tenure and salary
The Constitution establishes the Supreme Court and empowers the judicial branch of the US government. However, it permits Congress to decide how to organise the Court. Congress first exercised this power in the Judiciary Act of 1789, which created a Supreme Court with six justices.
Tenure
Article III of the Constitution provides for judicial tenure during "good behaviour", which has been understood to mean life tenure. However, this interpretation has been challenged, and there is growing support for term limits or a mandatory retirement age for Supreme Court justices.
The Brennan Center for Justice highlights that the average tenure of justices has increased significantly over time. While the average term for Supreme Court justices was 15 years until the late 1960s, the average tenure since 1970 has been roughly 26 years, and some justices have served for three or more decades. Several justices are likely to hold office over as many as nine presidential terms.
This unbounded tenure allows justices to shape the direction of the law for generations, potentially disregarding the evolving views and composition of the electorate. No other major democracy or constitutional court in the world provides life tenure for high court judges who hear constitutional cases without limitations such as an age limit.
Salary
The salaries of the justices cannot be decreased during their term of office. Justices who retire from regular active service can receive the same salary and participate in judicial duties to the extent they choose.
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Jurisdiction
The jurisdiction of the Supreme Court of the United States (SCOTUS) is a matter of global importance. The Court's jurisdiction is established by Article III, Section II of the Constitution, and it may be original or appellate.
Original Jurisdiction
Original jurisdiction means that the Supreme Court is the first and only court to hear a case. This type of jurisdiction is limited to specific cases, such as those involving disputes between different states, suits between two or more states, or cases involving diplomats from foreign countries, including ambassadors, other public ministers, and consuls. The Judiciary Act of 1789 gave the Supreme Court original jurisdiction to issue writs of mandamus (legal orders compelling government officials to act in accordance with the law). However, in a subsequent case, the Court noted that the Constitution did not permit it to have original jurisdiction in this matter.
Appellate Jurisdiction
Appellate jurisdiction refers to the Court's authority to review the decisions of lower courts. Most cases come to the Supreme Court on appeal, meaning the case has already been heard in a lower court. The Court has appellate jurisdiction over 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 cases involving ships on the high seas and navigable waterways (admiralty cases). The Certiorari Act of 1925 gives the Court the discretion to decide whether or not to hear a case on appeal. The Court agrees to hear about 100-150 of the more than 7,000 cases it is asked to review each year.
Limitations and Checks on Jurisdiction
The Supreme Court's jurisdiction is not without limitations and checks. Congress can pass legislation that restricts the jurisdiction of the Supreme Court and other federal courts over certain topics and cases. Additionally, lower federal courts and state courts sometimes resist doctrinal innovations, as do law enforcement officials. The Supreme Court is also subject to political and institutional considerations, and there have been accusations of "slow-walking" important cases to benefit former President Donald Trump's election chances.
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Judicial review
The United States Constitution establishes the Supreme Court in Article III, Section 1, which states:
> "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."
The Constitution permits Congress to decide how to organise the Supreme Court, and various Acts of Congress have altered the number of seats on the Court over the years, from a low of five to a high of ten. The Judiciary Act of 1789, for example, created a Supreme Court with six justices. Today, there is one Chief Justice and eight Associate Justices.
Like all federal judges, Supreme Court justices are appointed by the President and confirmed by the Senate. They typically hold office for life, and their salaries cannot be decreased during their term. These restrictions protect the judiciary's independence from political branches of government.
The Supreme Court has both original and appellate jurisdiction. Original jurisdiction means the Supreme Court is the first and only court to hear a case. The Constitution limits original jurisdiction cases to disputes between states or disputes arising among ambassadors and other high-ranking ministers.
Appellate jurisdiction means the Court can review decisions made by lower courts. Most of the cases the Supreme Court hears are appeals from lower courts. The primary means to petition the Court for review is to ask it to grant a writ of certiorari, which is a request for the Supreme Court to order a lower court to send up the record of the case for review. The Court is not obligated to hear these cases and usually only does so if the case could have national significance or might harmonise conflicting decisions in federal Circuit courts.
The Supreme Court's best-known power is judicial review, which is the ability of the Court to declare a Legislative or Executive act in violation of the Constitution. This power is not explicitly mentioned in the Constitution but was established by the Court in the case of Marbury v. Madison (1803). In this case, the Court had to decide whether an Act of Congress or the Constitution was the supreme law of the land. Since Article VI of the Constitution establishes the Constitution as the supreme law, the Court held that an Act of Congress contrary to the Constitution could not stand.
Through judicial review, the Supreme Court plays an essential role in ensuring that each branch of government recognises the limits of its power. It also protects civil rights and liberties by striking down laws that violate the Constitution. The Court's decisions have a significant impact on society, ensuring that the changing views of the majority do not undermine fundamental values such as freedom of speech, freedom of religion, and due process of law.
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Court procedures
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. The Constitution establishes the Supreme Court in Article III, Section 1, which states that the "judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."
The Constitution permits Congress to decide how to organise the Supreme Court, and Congress first exercised this power in the Judiciary Act of 1789. This Act created a Supreme Court with six justices and established the lower federal court system. The number of seats on the Supreme Court has varied over the years, but since shortly after the Civil War, the number has been fixed at nine—one Chief Justice and eight Associate Justices.
Justices are appointed by the President and confirmed by the Senate. They typically hold office for life, and their salaries cannot be decreased during their term. These restrictions protect the independence of the judiciary from political branches of government.
The Supreme Court has original jurisdiction over a narrow range of cases, including those involving disputes between states or disputes arising among ambassadors and other high-ranking ministers. It also has appellate jurisdiction, meaning it can review decisions made by lower courts. Most of the cases heard by the Supreme Court are appeals from lower courts.
To petition the court for review, a party must ask the Supreme Court to order a lower court to send up the record of the case for review. The Court is not obligated to hear these cases and typically only does so if the case could have national significance or might harmonise conflicting decisions in federal Circuit courts. Four of the nine Justices must vote to accept a case.
If the Justices decide to accept a case, the petitioner has a certain amount of time to write a brief, not exceeding 50 pages, presenting their legal case. The respondent is then given the same amount of time to file their brief, also not exceeding 50 pages. After the initial petitions have been filed, both parties are permitted to file shorter briefs responding to the other party's position. The U.S. Government, represented by the Solicitor General, can file a brief on behalf of the government if they are not directly involved in the case.
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 from October through April, typically hearing two cases per day, with each case allotted an hour for arguments.
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Frequently asked questions
The Supreme Court is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on questions of U.S. constitutional or federal law. It also has original jurisdiction over a narrow range of cases, including those involving suits between two or more states and/or cases involving ambassadors and other public ministers.
There are currently nine justices on the Supreme Court: one Chief Justice and eight Associate Justices. The number of seats on the Court has varied over the years, from a low of five to a high of 10.
Like all federal judges, Supreme Court justices are appointed by the President and confirmed by the Senate. They typically hold office for life, and their salaries cannot be decreased during their term.
By law, the U.S. Supreme Court's term begins on the first Monday in October and continues through the Sunday before the first Monday in October of the following year. The Court is typically in recess from late June/early July until October. Oral arguments are heard from October through April, with sessions taking place on Mondays, Tuesdays, and Wednesdays only.
The primary means to petition the Supreme Court for review is to ask it to grant a writ of certiorari, which is a request for the Court to review the record of a case. The Court is not obligated to hear these cases and usually only does so if the case could have national significance or might harmonize conflicting decisions in lower courts. According to the Supreme Court's rules, four of the nine justices must vote to accept a case.
