Simone Lawson
The Supreme Court of the United States plays a pivotal role in interpreting and applying federal law, including questions of constitutional validity. The Court's decisions have far-reaching implications, impacting not just lawyers and judges but also the general public, with landmark cases such as Brown v. Board of Education, which laid the groundwork for the civil rights movement and nationwide integration. The Supreme Court receives about 10,000 petitions annually, but only hears approximately 65 to 70 cases each year, often involving questions of national significance or circuit splits to create binding precedents. The Court's original jurisdiction, as outlined in the Constitution, covers disputes between states and cases involving high-ranking officials, while its appellate jurisdiction allows it to review decisions from lower courts, particularly those involving constitutional or federal law.
| Characteristics | Values |
|---|---|
| Number of petitions received annually | 10,000 |
| Number of petitions accepted annually | 65-70 |
| Number of petitions accepted as a percentage | 0.65-0.7% |
| Number of justices | 9 |
| Number of justices required to accept a case | 4 |
| Number of justices required to grant a stay | 5 |
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What You'll Learn
The Supreme Court's power of judicial review
The Supreme Court is the highest court in the United States and is the court of last resort for those seeking justice. The Court's power of judicial review is one of its most important and controversial powers. This power allows the Court to interpret the U.S. Constitution and invalidate any laws or actions that it deems unconstitutional. The Supreme Court can declare lower court decisions, state constitutional provisions, state laws, federal legislation, and other actions to be contrary to the U.S. Constitution, rendering them null and void.
The principle of judicial review was firmly established in the landmark case of Marbury v. Madison in 1803, where Chief Justice John Marshall asserted the Court's role as the ultimate interpreter of the Constitution. The Court's power of judicial review is derived from the principle of uniformity necessary to maintain a common-law court system, which evolved from the British legal experience. Unlike the British legal system, the U.S. system allows the Supreme Court to declare both federal and state laws unconstitutional.
The Supreme Court has both original and appellate jurisdiction. Original jurisdiction means that the Supreme Court is the first and only court to hear a case. This is limited to cases involving disputes between states or disputes arising among ambassadors and other high-ranking ministers. Appellate jurisdiction means that the Court has the authority to review the decisions of lower courts, which it can choose to do or not, depending on the case. Most of the cases the Supreme Court hears are appeals from lower courts.
The Supreme Court's decisions have a profound impact on society, and the Court has ruled on several landmark cases involving students, such as Tinker v. The Court's power of judicial review ensures that laws align with constitutional principles, although its exercise can lead to significant political and social debates.
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Certiorari and the Rule of Four
Certiorari is a legal term referring to a request for a higher court, often the Supreme Court, to review the decision of a lower court. The term is derived from a Latin word meaning "to be informed of" or "to be made aware of". The process of granting certiorari allows a higher court to exercise its discretion in choosing which cases to hear and ensures that only cases with significant legal questions or issues of national importance are considered.
The Rule of Four is a convention in the United States Supreme Court that requires at least four justices to vote in favor of granting a writ of certiorari for a case to be heard by the court. In other words, out of the nine justices, at least four must agree that the case warrants a review by the Supreme Court. This rule is not mandated by the Constitution, any specific law, or even the Court's own published rules, but rather it is a custom that has been observed and shaped by various judicial acts and practices over time.
The history of the Rule of Four dates back to the early 19th century when it began as an informal, and perhaps even unstated, practice for a small subset of the Court's caseload. Over time, the rule evolved and played a significant role in Congress's grant of broad discretion over most appeals in 1925. The Judges' Bill, passed with overwhelming political support, allowed the Court to focus on cases of national importance and eased docket congestion. The unwritten rule, as testified by several justices, ensured that the support of four justices was sufficient to warrant a review of a case.
The Rule of Four has been the subject of debate among justices, with some disagreeing on its ancillary aspects. For example, in Rogers v. Missouri Pac. R. Co., Justice Frankfurter and Justice John Marshall Harlan II presented differing opinions on whether all justices were required to rule on the merits of a petition once certiorari had been properly granted by the vote of four justices. Justice Frankfurter argued that justices were not required to reach the merits of a petition, even if it was properly granted, while Justice Harlan believed that once certiorari was granted, the case should be disposed of on the premise that it was properly heard.
Despite some disagreements and incremental changes over the years, the Rule of Four has remained constant in its requirement of at least four affirmative votes to grant a petition for certiorari. This rule helps prevent a majority of the Court's members from controlling their docket and ensures that a diverse range of cases are considered by the Supreme Court.
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Supreme Court's role in protecting civil rights and liberties
The Supreme Court is the highest court in the United States, and it plays a crucial role in protecting civil rights and liberties. The Court's rulings have a significant impact on society, influencing how Americans live their lives. The Supreme Court's primary role is to interpret the Constitution and ensure that the laws of the country align with it. With its power of judicial review, the Court can strike down laws that violate the Constitution, thereby protecting the rights and liberties of citizens. This power is not explicitly mentioned in the Constitution but was established by the Court in the landmark case of Marbury v. Madison in 1803.
The Supreme Court has ruled on numerous cases that have advanced civil rights, women's rights, gay rights, the rights of criminal defendants, protesters, and the press. For example, in Miranda v. Arizona in 1966, the Court ruled that defendants must be informed of their right to an attorney, protecting individuals from self-incrimination. In United States v. Virginia in 1996, the Court applied the Equal Protection Clause to address sex discrimination, thanks to the efforts of Ruth Bader Ginsburg. The Court has also played a role in reproductive rights, with the 1965 case Griswold v. Connecticut legalizing contraception and establishing a "right to privacy." This right was later used in Roe v. Wade to protect abortion rights.
However, the Supreme Court has also faced criticism for some of its decisions. For instance, in Lawrence v. Texas, the Court initially upheld the constitutionality of a law prohibiting homosexual sodomy, prioritizing the state's interest in regulating "moral conduct" over individual privacy rights. Additionally, in the 2013 case of Shelby County v. Holder, the Court struck down a key provision of the 1965 Voting Rights Act, which frustrated those who felt the Court was hindering Congress's ability to protect civil rights.
The Supreme Court's role in protecting civil rights and liberties is complex and ever-evolving. While it has driven significant social change, it has also faced backlash for some of its decisions. As the highest court in the land, the Supreme Court holds immense power in interpreting the Constitution and shaping the rights and liberties enjoyed by Americans.
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State procedural rules and federal claims
The US Supreme Court has both original and appellate jurisdiction. Original jurisdiction means that the Supreme Court is the first and only court to hear a case. This is limited to cases involving disputes between states or disputes arising among ambassadors and other high-ranking ministers.
Appellate jurisdiction means the Court can review the decisions of lower courts. Most of the cases heard by the Supreme Court are appeals. The Supreme Court agrees to hear about 100-150 of the more than 7,000 cases it is asked to review each year.
The Supreme Court has the power of judicial review, which means it can declare a Legislative or Executive act in violation of the Constitution. This power also enables the Court to ensure that each branch of government recognizes the limits of its power, and protects civil rights and liberties by striking down laws that violate the Constitution.
Federal courts are courts of limited jurisdiction. To bring a claim in a federal court, there must be a constitutional or congressional basis for federal subject-matter jurisdiction. Federal question jurisdiction allows an individual to bring a claim in federal court if it arises under federal law, including the US Constitution.
State courts, on the other hand, are generally courts of general jurisdiction. They are presumed to have the power to hear virtually any claim arising under federal or state law, except those under the exclusive jurisdiction of federal courts. However, some states may deny subject matter jurisdiction to specific claims, such as those arising in other states.
The Federal Rules of Civil Procedure were adopted by order of the Supreme Court in 1937 and transmitted to Congress in 1938. They are intended to "secure the just, speedy, and inexpensive determination of every action and proceeding." These rules are amended periodically, with the most recent amendments taking effect in 2024.
United States district courts and courts of appeals prescribe local rules governing practice and procedure. These local rules must be consistent with Acts of Congress and the Federal Rules of Practice and Procedure.
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Supreme Court's jurisdiction
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has original and appellate jurisdiction. Original jurisdiction means that the Supreme Court is the first and only court to hear a case. The Constitution limits original jurisdiction cases to those involving disputes between the states or disputes arising among ambassadors and other high-ranking ministers. The Supreme Court has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party."
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). In the eighteenth and nineteenth centuries, there was a debate over whether state and inferior federal courts could exercise jurisdiction in cases that fell within the Supreme Court's original jurisdiction. The Supreme Court ruled in 1888 that parties embraced by its original jurisdiction could bring suit in any court with jurisdiction over the parties or subject matter.
Appellate jurisdiction means that the Court has the authority to review the decisions of lower courts. Most of the cases the Supreme Court hears are appeals from lower courts. The Supreme Court 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. The Certiorari Act of 1925 gives the Court the discretion to decide whether or not to hear a case. The Supreme Court agrees to hear about 100-150 of the more than 7,000 cases it is asked to review each year.
The Supreme Court's power of judicial review means it can declare a Legislative or Executive act in violation of the Constitution. It can also strike down presidential directives for violating either the Constitution or statutory law. The Supreme Court's decisions have an important impact on society, ensuring that the changing views of a majority do not undermine fundamental values such as freedom of speech, freedom of religion, and due process of law.
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Frequently asked questions
The Supreme Court hears about 65 to 70 cases a year out of the nearly 10,000 petitions it receives.
Four of the nine Justices must vote to accept a case. This is known as the "Rule of Four".
The Supreme Court hears cases that have been decided in a U.S. Court of Appeals or the highest court in a state. Most of the cases heard are appeals from lower courts.
The decisions of the Supreme Court have a profound impact on society, not just on lawyers and judges. For example, the Brown decision, which held that state laws requiring racially segregated schools violate the Equal Protection Clause of the Fourteenth Amendment, helped lay the ground for the civil rights movement and integration across the country.
The general rule is that the Supreme Court will not review a case if the federal claim was not addressed by or presented to the state court whose decision is being appealed. However, recent rulings have treated this requirement as excusable under certain circumstances.
