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The United States Supreme Court is central to the nation's legal system, wielding immense power over the interpretation of the Constitution and the laws that shape American life. As the highest court in the country, its rulings affect everything from individual rights and government powers to social policies. But what exactly does the Supreme Court do, and why does it hold such authority?

Rooted in Article III of the U.S. Constitution, the Supreme Court was established to uphold justice at the highest level. Over the centuries, it has evolved from a fledgling institution into a powerful body that serves as the final arbiter of legal disputes. With the power of judicial review, first established in the case of Marbury v. Madison (1803), the Court can invalidate laws and executive actions that contravene constitutional principles.

The impact of the Supreme Court extends far beyond the courtroom. From shaping civil rights in Brown v. Board of Education (1954) to deciding presidential elections in Bush v. Gore (2000), its rulings have left an indelible mark on American history. Despite its prestige, the Court is still a mystery to many, as its inner workings and decision-making process are often misunderstood. This article demystifies the Supreme Court, examining its structure, jurisdiction, and the essential role it holds in American democracy.

What is the Supreme Court, and What Does it Do?

Article III, Section 1 of the U.S. Constitution established the Supreme Court but left its structure and jurisdiction largely undefined, granting Congress the authority to organize the judiciary. To fill this gap, Congress passed the Judiciary Act of 1789, which set the Court's structure and defined its jurisdiction. While Congress has refined the Court's jurisdiction over time, the 1789 Act remains the foundation on which the Supreme Court continues to evolve.

As the highest court in the United States, the Supreme Court has original jurisdiction over limited cases and appellate jurisdiction over constitutional and federal law matters. Its most significant power is judicial review, which allows it to determine whether the government's legislative, executive, and administrative actions are in tandem with the Constitution. Although not explicitly stated in the Constitution, judicial review was established in Marbury v. Madison (1803), a landmark case that set the precedent for the Court's authority to invalidate government actions that violate constitutional principles.

When the Court rules on a constitutional issue, its decision is final and may only be overturned by a constitutional amendment or by a new ruling of the court itself. However, when the Court interprets a federal statute, Congress retains the power to pass new legislation that overrides the Court's interpretation.

The Supreme Court Building and Its History

The Supreme Court had no permanent home until 1935, 146 years after its establishment. Initially, the Court convened in the Exchange Building in New York City before relocating multiple times. In 1929, Chief Justice William Howard Taft successfully persuaded Congress to authorize the construction of a dedicated Supreme Court building, ending the Court's transient existence.

Designed in the classical Corinthian architectural style, the building was intended to harmonize with nearby congressional structures. Its grand bronze doors and the inscriptions "Equal Justice Under Law" on the west façade and "Justice, the Guardian of Liberty" on the east façade reinforce its symbolic significance. It was designed on a scale reflecting the importance and dignity of the judiciary and as a symbol of "the national ideal of justice in the highest sphere of activity.

Structure of the U.S. Supreme Court

The United States Supreme Court consists of nine justices: one Chief Justice and eight Associate Justices. As the highest court in the nation, it operates under a system of seniority, with the Chief Justice presiding and Associate Justices ranked in order of their appointment. This hierarchy governs procedural matters, including seating arrangements during sessions and the order of speaking during private conferences.

Justices are appointed by the President, subject to the Senate's confirmation. They typically hold office for life, subject to "good behavior," as provided in Article III of the Constitution, and can be removed from office only by death, resignation, or impeachment. The chief justice is the presiding judge and the highest judicial officer in the country. In addition to presiding over oral arguments and private deliberations, the Chief Justice assigns the writing of opinions when in the majority. Also, the Chief Justice chairs the Judicial Conference of the United States, which oversees the administration of federal courts and appoints chairs to judicial committees.

There are no formal qualifications required to become a Supreme Court Justice. In theory, a justice could be appointed without legal training or judicial experience. However, in practice, nearly all justices have had extensive backgrounds in appellate law, having previously served as federal or state appellate judges, legal scholars, or high-ranking government attorneys. Many are graduates of top-tier law schools and often have experience working in federal or state government.

Supreme Court Justices: Selection, Tenure, and Removal

The United States Supreme Court consists of nine justices: one Chief Justice and eight Associate Justices. When there is a vacancy in the Supreme Court, the President of the United States nominates a candidate. The nomination is referred to the Senate, where the Senate Judiciary Committee conducts a hearing. The nominee provides testimony and undergoes rigorous questioning by members of the panel. After the hearings, the Judiciary Committee votes on whether to recommend confirmation, rejection or make no recommendation. The recommendation then proceeds to the full Senate for deliberation. A simple majority of the Senate is present and voting is required for confirmation. If the vote results in a tie, the Vice President of the U.S., who also presides over the Senate, casts the deciding vote. Once confirmed, the nominee is sworn into office and assumes their role as a Supreme Court justice.

Unlike elected officials, Supreme Court justices hold office for life, as outlined in Article III of the Constitution. This means they remain on the bench indefinitely unless they choose to resign, retire, or are removed through impeachment.

A President cannot remove a Supreme Court justice, regardless of dissatisfaction with their rulings. The only constitutional mechanism for removal is impeachment by Congress.If the Judicial Conference finds possible grounds for impeachment, it submits a report to the House of Representatives. The House of Representatives must approve articles of impeachment by a majority vote, and the Senate conducts a trial. A justice is removed only if two-thirds of the Senate votes to convict.

What Cases Does the Supreme Court Hear?

Although the United States Supreme Court serves as the final arbiter of legal disputes, it does not hear every case presented to it. The Court exercises both original and appellate jurisdiction, determining which cases it will review based on constitutional guidelines and procedural rules. Under Article III, Section 2of the U.S. Constitution, the Supreme Court has original jurisdiction over cases involving ambassadors, public ministers and consuls, disputes between states, and other matters in which a state is a party.

However, the vast majority of the Supreme Court's caseload arises from its appellate jurisdiction, where it reviews decisions made by lower courts. These cases typically involve significant legal questions, including constitutional interpretations, challenges to federal or state laws, disputes concerning federal treaties, and cases of broad national importance. Appeals can originate from federal appellate courts, state supreme courts, or specialized federal courts. Unlike lower courts, which must hear cases brought before them, the Supreme Court has full discretion over its docket and selects only a limited number of review cases.

Given the sheer volume of legal disputes across the country, the Supreme Court is highly selective. Thousands of petitions for a writ of certiorari are filed annually, but the Court grants review in only about 1% of cases. On average, the Court hears between 100 and 150 cases out of the 7,000 petitions it receives per year. In deciding which cases to accept, the Court prioritizes those with broad constitutional implications or issues of significant national concern, such as voting rights, civil liberties, or government power. Another key factor is a split among lower courts, that is, when federal or state courts issue conflicting rulings on the same legal issue, creating uncertainty about the law. The Supreme Court often steps in to resolve these inconsistencies and establish a uniform legal standard.

Bringing a case before the Supreme Court is an arduous and complex process. Most cases must first proceed through multiple levels of the judiciary, often taking years before reaching the Supreme Court. Even when a case is accepted, the legal process remains demanding, as attorneys may need to submit written briefs, present oral arguments, and respond to rigorous questioning from the justices. Given these high barriers, the Court remains an institution of last resort, intervening only in cases of exceptional legal and constitutional significance.

The Supreme Court's Decision-Making Process

The Supreme Court's decision-making process is a meticulous and multi-stage procedure designed to ensure that only the most significant legal issues receive the Court's attention. Unlike lower courts, which are obligated to hear cases, the Supreme Court exercises discretion in selecting the matters it reviews.

The process begins with a petition for a writ of certiorari, a formal request for the Court to hear a case. A writ of certiorari is simply a formal request for the Court to hear an appeal. The justices follow the "Rule of Four," meaning that at least four of the nine justices must agree that a case warrants review before certiorari is granted.

Once a certiorari is granted, it proceeds to the oral argument stage, where attorneys for both sides present their arguments before the justices. Each side is usually allotted 30 minutes to speak, during which the justices may interrupt with probing questions. Unlike a trial court, the Supreme Court does not hear witness testimony or examine new evidence; instead, it focuses on legal arguments and interpretations of the law. In addition to oral arguments, the justices review written briefs submitted by the parties and may also consider amicus curiae (friend of the court) briefs filed by individuals or groups with a strong interest in the subject matter before the court.

Following oral arguments, the justices convene privately to deliberate on the case and cast a preliminary vote on the majority opinion. If the Chief Justice is "in the majority," that is, on the winning side of the case, they choose which Justice writes the Court's opinion. However, if the Chief Justice is not in the majority, the most senior justice in the majority decides who writes the Court's opinion. Supreme Court decisions are issued in the form of written opinions, which provide legal reasoning and establish precedent for future cases. There are three main types of opinions:

• Majority Opinion: This is the official ruling of the Court, representing the views of the majority of justices. It establishes binding legal precedent and serves as the final interpretation of the issue at hand.
• Concurring Opinion: A justice who agrees with the majority's decision but for different legal reasons may write a concurring opinion, offering an alternative rationale or emphasizing specific aspects of the case.
• Dissenting Opinion: Justices who disagree with the majority ruling may write dissenting opinions, explaining their reasoning and outlining why they believe the Court erred. While dissents do not hold legal weight, they can influence future legal debates and even serve as the foundation for later Supreme Court reversals.

Once opinions are finalized, the Court publicly announces its ruling. Some decisions have immediate effects, striking down laws or setting new legal precedents, while others shape jurisprudence gradually over time.

FAQ About the Supreme Court