Supreme Court of the United States

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The Roberts Court, 2022
Back row (left to right): Amy Coney Barrett, Neil Gorsuch, Brett Kavanaugh, and Ketanji Brown Jackson. Front row (left to right): Sonia Sotomayor, Clarence Thomas, Chief Justice John Roberts, Samuel Alito, and Elena Kagan

The Supreme Court of the United States is the highest court in the United States of America. Because of this, the Court leads the Judicial Branch of the United States Federal Government. It is the only U.S. court established by the United States Constitution. Its decisions are supposed to be followed by all other courts in the United States. Since 1935, the Court has met in its own building in Washington, D.C.; before that, it met in the United States Capitol.

History

In the 1787 Constitutional Convention, the delegates, or someone appointed by a state to represent that state's interests, debated the separation of powers between the legislative and executive departments. Template:Source?

People, including James Madison, advocated, or argued in favor of, a national judicial authority (the power to enforce the administration of justice). Delegates who did not want a strong central government argued that national laws can be enforced by the states. The delegates compromised by only making a general outline (an overall plan of making something happen) of the judicial authority, giving the federal judicial power to "one supreme court". They did not define the exact powers the Supreme Court had. However, laws from the federal government later defined parts of how the Court works. Template:Source?

Supreme Court justices

Amount of Justices

There are 9 justices on the court now: one Chief Justice and eight Associate Justices. The U.S Constitution does not state how many justices are required to be in the Court, nor does it state a limit on how many justices there should be in the Court. The 9 justice limit was set by the Judiciary Act of 1869, and it was the last of any law passed that set a set amount of justices for the Supreme Court.

Names of Courts

Courts (a set of all justices of the court while one Chief Justice is serving) are unofficially named after the Chief Justice. The current Court is called the "Roberts Court" after Chief Justice John Roberts. The first Court is known as the "Jay Court" after John Jay.

Justices Serving

All justices serve for life unless they retire, resign, die, or get impeached. If a justice retires, they can be asked to serve as a judge on a Federal Court of Appeals.

When justices leave the court, new justices are nominated (picked) by the President of the United States. To apply checks and balances, they must be approved by the United States Senate.[source?]

Process of getting a new Justice

The Constitution does not set any requirements for who serve as a justice of the Supreme Court, so a president many nominate anyone to serve and the Senate may not limit who the president chooses. However, the Senate may prevent a candidate from being a Supreme Court justice through rejection, but these events are not common. A president can remove a nomination before the Senate votes to confirm the nominee (the person being nominated) or not. In addition, the Senate may fail to vote on a nomination, causing the nomination to expire (reach an end date) and no longer be voted on.

Once the Senate approves the nomination, the president must sign a commission (document to give a person an official duty) and sign it before the upcoming justice can be a part of the Supreme Court. The upcoming justice must take two oaths before becoming a part of the Supreme Court.

Process of Supreme Court Cases

The Supreme Court chooses which cases it will decide on, by choosing to give a writ of certiorari or not.[1] Almost 7,000 people, known as petitioners, ask the Supreme Court to decide their cases every year, but the court only gives a writ to about 100 or less.[2]

For the Supreme Court to decide a case, the case usually must be about:

  • Federal law
  • The Constitution of the United States
  • Disagreements between U.S states or the residents of that state
  • Another court's decision that is different from what the Supreme Court has decided on a similar case.

Introducing a new case

Cases must first be decided by a federal district court and a federal court of appeals or by a state supreme court. The person who lost in the case can request the Supreme Court to look at a case for a final chance at appealing a case.

After that, the Supreme Court can choose not to decide a case for any reason. Cases about disagreements between states or their residents sometimes can only be decided by the Supreme Court, but those are rare.[source?]

The current Court

Justice /
birthdate and place
Appointed by SCV Age at Start date /
length of service
Previous position or office
(most recent prior to joining the Court)
Replaced
Start Present
File-Official roberts CJ cropped.jpg Roberts, JohnJohn Roberts

January 27, 1955

     (aged 71)


Buffalo, New York

Bush, GWG. W. Bush
(Republican President)

78-22[3] 50 71 September 29, 2005
21 years, 46 days
Judge of the United States Court of Appeals for the District of Columbia Circuit (2003–2005) Rehnquist
Clarence Thomas official SCOTUS portrait (cropped).jpg Thomas, ClarenceClarence Thomas

June 23, 1948

     (aged 78)


Pin Point, Georgia

Bush, GHWG. H. W. Bush
(Republican President)

52–48 43 78 October 23, 1991
35 years, 22 days
Judge of the United States Court of Appeals for the District of Columbia Circuit (1990–1991) Marshall
Samuel Alito official photo (cropped).jpg Alito, SamuelSamuel Alito

April 1, 1950

     (aged 76)


Trenton, New Jersey

Bush, GWG. W. Bush
(Republican President)

58-42 55 76 January 31, 2006
20 years, 287 days
Judge of the United States Court of Appeals for the Third Circuit (1990–2006) O'Connor
Sonia Sotomayor in SCOTUS robe crop.jpg Sotomayor, SoniaSonia Sotomayor

June 25, 1954

     (aged 72)


The Bronx, New York

Obama, Barack Obama
(Democratic President)

68-31 55 72 August 8, 2009
17 years, 98 days
Judge of the United States Court of Appeals for the Second Circuit (1998–2009) Souter
Elena Kagan-1-1.jpg Kagan, ElenaElena Kagan

April 28, 1960

     (aged 66)


Manhattan, New York

Obama, Barack Obama
(Democratic President)

63-37 50 66 August 7, 2010
16 years, 99 days
Solicitor General of the United States (2009–2010) Stevens
Associate Justice Neil Gorsuch Official Portrait (cropped 2).jpg Gorsuch, NeilNeil Gorsuch

August 29, 1967

     (aged 59)


Denver, Colorado

Trump, Donald Trump
(Republican President)

54–45 49 59 April 10, 2017
9 years, 218 days
Judge of the United States Court of Appeals for the Tenth Circuit (2006–2017) Scalia
Associate Justice Brett Kavanaugh Official Portrait.jpg Kavanaugh, BrettBrett Kavanaugh

February 12, 1965

     (aged 61)


Washington, D.C.

Trump, Donald Trump
(Republican President)

50-48 53 61 October 6, 2018
8 years, 39 days
Judge of the United States Court of Appeals for the District of Columbia Circuit (2006–2018) Kennedy
Amy Coney Barrett.png Barrett, Amy ConeyAmy Coney Barrett

January 28, 1972

     (aged 54)


New Orleans, Louisiana

Trump, Donald Trump
(Republican President)

52–48 48 54 October 27, 2020
6 years, 18 days
Judge of the United States Court of Appeals for the Seventh Circuit (2017–2020) Ginsburg
Ketanji Brown Jackson official SCOTUS portrait.jpg Jackson, Ketanji BrownKetanji Brown Jackson

September 14, 1970

     (aged 56)


Washington, D.C.

Biden, Joe Biden
(Democratic president)

53-47 51 56 June 30, 2022
4 years, 137 days
Judge of the United States Court of Appeals for the District of Columbia Circuit (2021–2022) Breyer
     Source: [4]

Living former justices

Retired justices of the Supreme Court[4]
Justice
Birthdate and place
Appointed by Retired under Age at Tenure
Start Retirement Present Start date End date Length
Anthony Kennedy official SCOTUS portrait crop.jpg Kennedy, AnthonyAnthony Kennedy
(1936-07-23)July 23, 1936
Sacramento, California

Reagan, Ronald Reagan
(Republican President)

Trump, Donald Trump
(Republican President)

51 82 90 February 18, 1988 July 31, 2018 30 years, 163 days
Stephen Breyer, SCOTUS photo portrait (cropped).jpg Stephen Breyer
(1938-08-15)August 15, 1938
San Francisco, California

Clinton, Bill Clinton
(Democratic President)

Biden, Joe Biden
(Democratic President)

55 83 88 August 3, 1994 June 30, 2022 27 years, 319 days

Supreme Court Of The United States Media

References

  1. ↑ 28 U.S.C. § 1254
  2. ↑ Mauro, Tony. Roberts Dips Toe into Cert Pool. Legal Times (October 21, 2005). Retrieved October 31, 2007.
  3. ↑ U.S. Senate: U.S. Senate Roll Call Votes 109th Congress - 1st Session. www.senate.gov. Retrieved 2025-02-05.
  4. ↑ 4.0 4.1 Current Members. www.supremecourt.gov. Washington, D.C.: Supreme Court of the United States. Retrieved October 21, 2018.