Eleanor Finch
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 jurisdiction of the Supreme Court, which 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. The Court also has appellate jurisdiction, meaning it can review decisions made by lower courts in almost any case involving a point of constitutional or federal law. The Supreme Court hears oral arguments in cases from October through April, with two cases heard each day, each allotted an hour for arguments. The Court typically accepts 100-150 of the more than 7,000 cases it is asked to review each year, usually cases of national significance or those that could harmonize conflicting decisions in federal Circuit courts.
| Characteristics | Values |
|---|---|
| Number of Justices | 9 |
| Term | Begins on the first Monday in October and goes through the Sunday before the first Monday in October of the following year |
| Recess | Late June/early July until the first Monday in October |
| Oral arguments | Heard from October through April |
| Cases heard per day | 2 |
| Time allotted for each case | 1 hour |
| Time allotted for each party's lawyer | 30 minutes |
| Original jurisdiction | Cases involving disputes between states or disputes arising among ambassadors and other high-ranking ministers |
| Appellate jurisdiction | Authority to review decisions of lower courts |
| Minimum votes required to accept a case | 4 out of 9 Justices |
| Minimum votes required to grant a stay | 5 out of 9 Justices |
| Number of seats throughout history | Between 5 and 10 |
| Current number of seats | 9 |
| Number of cases accepted per year | 100-150 out of 7,000+ |
| Number of Justices required for a majority decision | 2/3rds or 6 (historically) |
| Current minimum number of Justices required for a majority decision | 5 |
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What You'll Learn
The 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 over certain cases. 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 states or disputes arising among ambassadors, public ministers, and consuls. Cases that involve treaties, ships on the high seas, and navigable waterways (admiralty cases) also fall under the Court's original jurisdiction.
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. Parties who are not satisfied with the decision of a lower court must petition the U.S. Supreme Court to hear their case. The primary means to petition the court for review is to ask it to grant a writ of certiorari. The Certiorari Act of 1925 gives the Court the discretion to decide whether or not to review 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 Court usually is not under any obligation to hear these cases and usually only does so if the case could have national significance, might harmonize conflicting decisions in the federal Circuit courts, and/or could have precedential value. The Court has the final say on when a Constitutional right is protected or violated. It also has the power of 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 was asserted by the Court in 1803 in the landmark case Marbury v. Madison.
The Supreme Court's term begins on the first Monday in October and goes 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 arguments heard during the first two weeks of each month from October through December, and during the last two weeks of each month from January through April. During each two-week session, oral arguments are heard on Mondays, Tuesdays, and Wednesdays only, with two cases heard each day.
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Original and appellate jurisdiction
Article III of the US Constitution establishes the federal judiciary and the Supreme Court. Article III, Section 1 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."
Congress has the power to decide how to organise the Supreme Court and did so for the first time with the Judiciary Act of 1789. This act created a Supreme Court with six justices and established the lower federal court system.
The Supreme Court's jurisdiction may be original or appellate. Original jurisdiction means the Supreme Court can hear a case directly without it going through lower courts first. This applies to specific cases, such as those involving disputes between different states or foreign diplomats. Cases involving ambassadors, other public ministers, and consuls also fall under original jurisdiction.
Appellate jurisdiction refers to the Supreme Court's authority to review decisions made by lower federal or state courts. Most cases come to the Supreme Court on appeal, meaning the case has already been heard in a lower court. The Court primarily exercises this power through writs of certiorari, where it chooses to review cases that have significant legal or constitutional questions. The Court can also issue rulings that limit the scope of direct appellate review, thus reducing the burden on itself.
The Supreme Court of India also has original, appellate, and advisory jurisdiction. Its original jurisdiction extends to disputes between the Government of India and one or more states, or between two or more states. It is empowered to issue directions, orders, or writs to enforce fundamental rights.
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Supreme Court hearings schedule
The US Supreme Court's term begins on the first Monday in October and continues through to the Sunday before the first Monday in October of the following year. The Court is usually in recess from late June/early July until October.
Oral arguments are heard in cases from October through April. From October through December, arguments are heard during the first two weeks of each month. From January to April, arguments are heard during the last two weeks of the month. During each two-week session, oral arguments are heard on Mondays, Tuesdays, and Wednesdays only, with two cases heard each day, beginning at 10 am. Each case is allotted an hour for arguments, with each lawyer given half an hour to present their case to the Justices.
The Supreme Court has original and appellate jurisdiction. Original jurisdiction means that the Supreme Court is the first and only court to hear a case. Original jurisdiction is limited to cases involving disputes between states or disputes arising among ambassadors and other high-ranking ministers.
Appellate jurisdiction means the Court has the authority to review decisions made by lower courts. Most of the cases the Supreme Court hears are appeals from lower courts. The Supreme Court is not obligated to hear these 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. Four of the nine Justices must vote to accept a case.
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 approximately 100-150 of the over 7,000 cases it is asked to review annually.
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Supreme Court's powers
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 over certain cases. Original jurisdiction means that 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 that the Court has the authority to review the decisions of lower courts. The Certiorari Act of 1925 gives the Court the discretion to decide whether or not to hear a case on appeal. The Supreme Court agrees to hear about 100-150 of the more than 7,000 cases it is asked to review each year. These are typically appeals from lower courts, or cases that have been decided in a U.S. Court of Appeals or the highest court in a given state.
The Supreme Court has the power of judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution. This power was asserted in 1803 in the landmark case Marbury v. Madison. The Court also has the authority to strike down state laws found to be in violation of the Constitution, and to strike down presidential directives for violating either the Constitution or statutory law.
The Supreme Court has nine justices, including one Chief Justice and eight Associate Justices. The Justices hold office for life, and their salaries cannot be decreased during their term of office. These restrictions are meant to protect the independence of the judiciary from political branches of government. The 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 is usually in recess from late June/early July until October. Oral arguments are heard from October through April, with two cases heard each day, beginning at 10 am.
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Supreme Court's authority
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 disputes between states or disputes arising among ambassadors and other high-ranking ministers.
The Certiorari Act of 1925 gives the Court the discretion to decide whether or not to hear a case on appeal. The Court usually 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 has its own set of rules, according to which four of the nine Justices must vote to accept a case.
The Court's term begins on the first Monday in October and goes 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 arguments heard during the first two weeks of each month from October through December, and during the last two weeks of each month from January through April. During each two-week session, oral arguments are heard on Mondays, Tuesdays, and Wednesdays only, with two cases heard each day, beginning at 10 a.m.
The Supreme Court has the final say over when a right is protected by the Constitution or when a Constitutional right is violated. It plays a crucial role in ensuring that each branch of government recognizes the limits of its power. It protects civil rights and liberties by striking down laws that violate the Constitution. The Court also sets limits on democratic government by ensuring that popular majorities cannot pass laws that harm or take undue advantage of unpopular minorities.
The Supreme Court's power and prestige have grown substantially over the years. However, it has also faced criticisms and controversies, including its unusual amount of power over elected branches of government, the difficult nature of amending the Constitution, and specific controversial partisan rulings.
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Frequently asked questions
The Constitution states that 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. The Constitution limits original jurisdiction cases to disputes between states or disputes arising among ambassadors and other high-ranking ministers. The Supreme Court has appellate jurisdiction over almost any other case that involves a point of constitutional and/or federal law.
The Supreme Court hears oral arguments in cases from October through April, with arguments heard on Mondays, Tuesdays, and Wednesdays only. Typically, two cases are heard each day, beginning at 10 a.m. with each case allotted an hour for arguments. The Supreme Court agrees to hear about 100-150 of the more than 7,000 cases it is asked to review each year.
Parties who are not satisfied with the decision of a lower court must petition the Supreme Court to hear their case. The primary means to do so is to ask the Court 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. According to the Supreme Court's rules, four of the nine Justices must vote to accept a case.
