Supreme Court
About the Supreme Court
The Supreme Court is the highest tribunal in the nation for all cases and controversies arising under the Constitution or the laws of the United States.
“Equal Justice Under the Law”
These words, written above the main entrance to the Supreme Court Building, express the ultimate responsibility of the Supreme Court of the United States. As the final arbiter of the law, the Court is in charge of ensuring the American people the promise of equal justice under law and, thereby, also functions as guardian and interpreter of the Constitution.
The Supreme Court consists of the Chief Justice of the United States and a number of Associate Justices. The US Congress decides this number.
The quantity of Associate Justices is currently fixed at eight (28 U. S. C. 1).
The President of the United States has the power to nominate the Justices, and the Senate has to give advice and consent for appointments to be made.
Why Is The Supreme Court Important?
The Supreme Court plays a very important role in the US constitutional system of government.
- First, as the highest court in the land, it is the court of last resort for those looking for justice.
- Second, due to its power of judicial review, it plays an essential role in ensuring that each branch of government recognizes the limits of its own power.
- Third, it protects civil rights and liberties by striking down laws that violate the Constitution.
- Finally, it sets appropriate limits on democratic government by ensuring that popular majorities cannot pass laws that harm and/or take undue advantage of unpopular minorities.
In essence, the Supreme Court serves to ensure that the changing views of a majority do not undermine the fundamental values common to all Americans, i.e., freedom of speech, freedom of religion, and due process of law.
The Justices
Chief Justice of the United States:
- John G. Roberts, Jr.
Associate Justices:
- Clarence Thomas
- Stephen G. Breyer
- Samuel A. Alito, Jr.
- Sonia Sotomayor
- Elena Kagan
- Neil M. Gorsuch
- Brett M. Kavanaugh
- Amy Coney Barrett
Constitutional Origin of the Supreme Court
Article III, 1, of the Constitution provides that “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.” The Supreme Court of the United States was created in accordance with this provision and by authority of the Judiciary Act of September 24, 1789 (1 Stat. 73). It was organized on February 2, 1790.
The Supreme Court’s Jurisdiction
According to the American Constitution (Art. III, 2): “The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;-to all Cases affecting Ambassadors, other public Ministers and Consuls;-to all Cases of admiralty and maritime Jurisdiction;-to Controversies to which the United States shall be a Party;-to Controversies between two or more States;-between a State and Citizens of another State;-between Citizens of different States;-between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
In all Cases affecting Ambassadors, other public ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations, as the Congress shall make.”
Appellate jurisdiction has been conferred upon the Supreme Court by various statutes, under the authority given to Congress by the Constitution. The basic statute effective at this time in conferring and controlling jurisdiction of the Supreme Court may be found in 28 U. S. C. 1251 et seq., and various special statutes.
The Term of the Supreme Court and Caseload
The Term of the Court begins, by law, on the first Monday in October and lasts until the first Monday in October of the next year.
In each Term, the Supreme Court approximately files 7,000-8,000 new cases.
This is a substantially larger volume of cases than was presented to the Court in the last century.
In the 1950 Term, for example, the Court received only 1,195 new cases, and even as recently as the 1975 Term it received only 3,940.
Plenary review, with oral arguments by attorneys, is currently granted in about 80 of those cases each Term, and the Court typically disposes of about 100 or more cases without plenary review.
The publication of each Term’s written opinions, including concurring opinions, dissenting opinions, and orders, can take up thousands of pages. During the drafting process, some opinions may be revised a dozen or more times before they are announced.
Supreme Court: Useful Sources Of Information
- The Supreme Court official Website.
- SCOTUS Blog: Law blog written by lawyers, law professors, and law students about the Supreme Court of the United States.
- The Oyez Project: maintained by IIT Chicago Kent College of Law, is a Supreme Court multimedia archive. The site aims to be a complete and authoritative source for all audio recorded in the Court since the installation of a recording system in October 1955. They provide good short summaries of cases and the question(s) presented in each, as well as information about the justices, and a virtual tour.
- The New York Times Supreme Court Page: This page contains news articles about recent Supreme Court decisions, as well as links to several blogs. The site also contains links to articles relating to each of the Justices, interactive multimedia features, and a summary of the notable cases from the present term.
Supreme Court Cases
Marbury v. Madison (1803)
The March 1803 decision established the principle of judicial review or the power of the federal court to declare legislative and executive acts unconstitutional. In this case, President John Adams appointed several justices, one being William Marbury before the end of his term. Upon the introduction of the new Secretary of State, James Madison, those appointments were denied. Marbury and his counterparts ultimately sued to get their appointed positions back and lost with a 6-0 decision. This case stands as the first time the Supreme Court ruled a law by Congress as unconstitutional… Click to read more
Dred Scott v. Sandford (1857)
In this infamous case, enslaved Dred Scott and Harriet Scott filed lawsuits for their freedom in April of 1846. They filed the claims against their owner, Irene Emerson, stating that Missouri statutes: 1) allowed any person of color to sue for wrongful enslavement and 2) that any person taken to a free territory is deemed free and not be re-enslaved upon returning to a slave state.
Dred and his family fought for their right to freedom for over a decade. As the case gained media attention and support from high-powered lawyers, politicians and abolitionists, more appeals and trials ensued… Click to read more
Brown v. Board of Education (1954)
To understand Brown v. Board of Education, you must understand the 1868 Equal Protection Clause or the 14th Amendment. This clause ensures that states govern impartially and not solely based on irrelevant factors or discrimination of an individual. In plain terms, the government must treat and protect everyone the same in similar circumstances.
During this time, public schools were racially segregated. The argument arose that this segregation violated the Equal Protection Clause and multiple claims were brought to the Supreme Court. Condensed into Brown v. Board of Education, Thurdgood Marshall and the NAACP Legal Defense and Education Fund argued to the Courts that segregated schools were unconstitutional and raised concern about the mental health of black students.
In 1954, the Courts unanimously ruled that racially segregated public schools are unconstitutional and violated the Fourteenth Amendment. This decision overturned a previous case, Plessy v. Ferguson, which was the result of the “separate but equal” doctrine. The result of Brown v. Board of Education was the kickstart of many civil rights movements, desegregation and integration… Click to see more
Gideon v. Wainwright (1963)
Clarence Gideon was no stranger to the court system in Florida. He ran away from home at an early age and spent his life in and out of jail for mostly nonviolent crimes. In one instance, he was charged with breaking and entering with the intent to commit a misdemeanor. A felony in Florida, Gideon was charged and expected to appear in court. However, Gideon couldn’t afford an attorney and requested the court appoint him one. This request was denied by the judge based on Betts v. Brady 316 U.S. 455 (1942) that simply states, the court doesn’t have to appoint a defendant counsel if they’re charged with a felony. Thus, Gideon was forced to represent himself during the trial.
Gideon was ultimately sentenced to 5 years in prison. He later filed a petition known as writ of habeas corpus to the Florida Supreme Court stating the refusal of counsel violated his constitutional rights. After the petition was denied, he then wrote another petition to the U.S. Supreme Court which led to a unanimous decision in his favor. The Supreme Court concluded that individuals charged with a felony and are unable to pay for legal counsel are within their Sixth Amendments rights, and must be appointed free legal counsel.
The Court is noted for stating “lawyers in criminal court are necessities, not luxuries.”… Click to see more
Miranda v. Arizona (1966)
If you’ve ever watched a criminal television show, you’ve probably heard the detective recite the “Miranda warning” as they’re hauling an individual away — this 1966 case is the reason. The landmark case is known for establishing a new code of conduct for the country’s police force.
The decision came from the overturned conviction of Ernesto Miranda by the Supreme Court. In Arizona, Miranda had been charged with kidnapping and rape. He confessed to these crimes and even signed a written statement after being interrogated by police without his rights to a lawyer being disclosed. The statement was used in his trial and ultimately led to his conviction.
The Supreme Court found that Miranda’s statement couldn’t be used against him in trial because the police obtained them unconstitutionally, violating Miranda’s Fifth Amendment right against self incrimination… Click to see more
Roe v. Wade (1973)
Norma MCorvery, presented as Jane Roe in court documents, was pregnant at the time she filed a class action against the state of Texas. In 1971, Roe challenged the law enforced by the district attorney of Dallas County, Henry Wade, that abortions are otherwise illegal unless only to save a mother’s life. The constitutional right to privacy is called into question with this case and ultimately an infringement of a woman’s Fourteenth Amendment Due Process Clause. In its final conclusion, the Court ruled in 1973 that states can only restrict abortions toward the end of pregnancy, to protect the life of the woman or fetus.
The decision in Roe v. Wade impacted more than 43 state laws and has been a source of controversy in the U.S. to this day… Click to see more
Supreme Court Case Summaries
Vartelas v. Holder
Introduction In Vartelas v. Holder, the Supreme Court held that an immigration law enacted by Congress to exclude entry by aliens convicted of a crime
Turner v. Safely
482 U.S. 78, 107 S. Ct. 2254, 96 L. Ed. 2d 64 (1987) Introduction In Turner v. Safely, the Supreme Court decided a challenge to
Wisconsin Central Ltd v. United States
Case Name: Wisconsin Central Ltd v. United States Court: Supreme Court Date: 2018 Overview In Wisconsin Central Ltd v. United States (585 U. S. ____
Supreme Court: States Generally Immune From Copyright Infringement
In Allen v. Cooper1, the Supreme Court held that the copyright clause in the U.S. Constitution did not authorize Congress to abrogate states’ Eleventh Amendment immunity from
Supreme Court: PTAB Judges Unconstitutionally Appointed; Court Gives Director Supervisory Authority
In United States v. Arthrex, Inc.,1 the Supreme Court held that Patent Trial and Appeal Board (PTAB) administrative patent judges (APJs) are unconstitutionally appointed. However, the Court
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The Supreme Court – The First 100 Years
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