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Supreme Court 101
What does the Supreme Court do?
In addition to deciding specific cases, the Supreme Court’s rulings affect the entire judicial system and society. The decisions and opinion reached by the Supreme Court creates precedents, or guiding principles, for determining what is legal in future situations involving similar issues. Judges, lawmakers, government officials, companies and citizens look to these precedents to guide their actions.
The number of justices serving on the Supreme court is set by Congress. The number of justices have ranged from 6 to 10, but the current number of 9 justices was set in 1869. There was an attempt by President Franklin D. Roosevelt to raise the number to 15 at one point, but it was defeated by Congress.
The Supreme Court’s regular annual term begins on the first Monday in October. Justices hear cases throughout the year until summer recess, usually the last week in June.
During the first decade of the Supreme Court, they heard only about 50 cases. George Washington appointed the first justices. The first Chief Justice was John Jay, a co-author of the Federalist Papers. Due to the lack of court activity, Jay was a part-time position. He also ran for governor of New York while still on the bench. He left the court after winning the election, and said the court could never “obtain the energy, weight, and dignity which were essential to its affording due support for the National Government.”
However, in 1801, John Marshall was appointed as chief justice. He is widely considered to be the greatest Supreme Court Justice in U.S. History. The court handed down several landmark decisions during the time Marshall served (1801-35) including Marbury v. Madison, which established judicial review. This gives the judicial branch final voice in deciding the constitutionality of government laws and policies. This and other decisions helped make the Supreme Court a significant force in government.
The Supreme Court serves primarily as an appeals court, reviewing cases that have been tried and appealed in the lower federal courts and decisions of the highest state courts that involve alleged violations of the Constitution or other Federal laws. The Court has original jurisdictions in cases that involve diplomatic representatives of other nations, disputed between two or more states, and disputed between a state and federal government.
Who can bring a case to the Supreme Court?
Anyone may appeal a high state court or federal appeals case to the Supreme Court if a violation of the U.S. Constitution is charged. Most petitioner’s who appeal to the Supreme court do so by requesting writ of certiorari. This is a formal order from an appeals court that requires a lower court to provide the record of a case for review. In legal terms the Supreme Court “grants cert” if it agrees to hear the appeal and “denies cert” if it refuses. Four of the nine justices must agree to grant cert for an appeal to be heard by the Court. If such an agreement is reached, the case is placed on the Court’s docket, or schedule.
What are judges like?
Supreme Court justices do not have to meet any constitutional age or professional requirements. Nevertheless, all Supreme Court justices have had legal training, and today most are graduate of top law schools and have previously served as federal judges. Judges generally come to the Supreme Court by way of the U.S. Court of Appeals. Supreme Court justices serve for life, although they may be impeached by Congress for serious crimes. They are appointed by the president, and must receive approval of the Senate.
Each individual judge plays an important role in the Supreme Court’s work. Their individual ideologies can greatly affect the direction their decisions guide the nation. A strict constructionist judge believes that laws and the Constitution should be interpreted strictly according to the wording they contain. If they wording is vague, the judge would look at historical records to determine the author’s intended meaning. A loose constructionist believes that the Constitution and other laws may be interpreted with current political and social conditions in mind. In other words, judges should consider current standards in applying to specific cases the general intentions of the documents author.
How is a case tried?
If the Court accepts a case, the lawyers for each case files a written brief. Groups that are greatly affected by a case but are not one of the parties involved may file amicus curiae briefs (amicus curiae means “friend of the court” in Latin). These briefs state the groups concerns and arguments regarding the case. Briefs also make arguments relating the case to precedents and to provisions in the Constitution, other federal laws, and state laws. They can also make an argument about why a certain decision would make good public policy.
The next stage of a case is the oral argument. In the early years of the Supreme Court, there were no written briefs, only oral arguments. No time limits existed and some lasted for days. In 1848 the Court imposed an eight hour time limit per case. Limits have been tightened and it now stands at 30 minutes per side, except in rare cases of extreme importance. During oral arguments, lawyers seldom have the chance to make a prepared speech. Instead they are interrupted by justices asking them questions about the case.
How do the justices decide a case?
Each year, thousands of cases are appealed to the Court. The Court chooses which cases to hear, and more frequently, which cases not to hear. This gives the court the ability to hear the issues it believes are the most pressing. The Court can also shape public policy by refusing to hear a case, thus quietly supporting a lower court’s decision.
After oral arguments are finished, the justices meet in private conference twice a week to review petitions for new cases, debate current cases, and conduct other Court business. The chief justice presides at this conference and is the first to speak, offering her or his views.
When a case is decided, an opinion is produced by the Court. When the chief justice votes with the majority of the justices, she or he decides who will draft the Court’s opinion. Otherwise, the most senior justice voting with the majority makes the assignment. The eight justices reviewing the draft can endorse- or refuse to endorse- the draft depending if certain changed are made. Through these negotiations, votes on the case may shift from what was decided in the conference. These changes could even change the decision of the case. Nevertheless, the final outcome will produce a majority opinion that reflects the views of the majority of the Court- both on the outcome of the case and the grounds for deciding it. A justice can also issue a concurring opinion that agrees with the majority outcome but disagrees with all or part of the grounds stated for the decision. A justice may also a dissenting opinion that disagrees with the one reached by the majority and explains the grounds for the dissent. In some cases, the Court will issue a plurality decision, in which the justices agree on a certain result but disagree on the grounds for that decision. In these instances, no majority opinion will be issued, only a series of separate opinions in which justices explain the reasons for their vote.
What stops the Supreme Court from being too powerful?
The Constitution balances all the powers of government with a series of checks and balances. If the Supreme Court rules that a certain policy violates the Constitution, Congress could legalize the policy by passing a constitutional amendment to allow it. At least 3 of the 27 amendments to the Constitution have been passed in direct response to Supreme Court decisions. The executive branch is able to check the judicial branch since it has the power to appoint justices. |