👩🏾‍⚖️Supreme Court Unit 1 – Introduction to the U.S. Supreme Court

Historical Background

• The U.S. Supreme Court was established by Article III of the Constitution which granted the judicial power of the United States to "one supreme Court"
• The Judiciary Act of 1789 further defined the Court's jurisdiction and established the lower federal court system
• Initially, the Court had six justices and met in various locations until the Capitol Building was completed in 1800
• The number of justices fluctuated in the early years of the Court, reaching a maximum of ten in 1863 before settling at nine in 1869 where it has remained ever since
• Early landmark cases such as Marbury v. Madison (1803) established the principle of judicial review, asserting the Court's power to declare laws unconstitutional
  • This case arose from a dispute over judicial appointments made by outgoing President John Adams
  • The Court's decision, written by Chief Justice John Marshall, firmly established the judiciary as a co-equal branch of government
• Throughout the 19th and early 20th centuries, the Court grappled with major issues such as slavery (Dred Scott v. Sandford), civil rights, and economic regulation
• The Court's role and power expanded significantly during the 20th century, particularly under the leadership of Chief Justices such as Earl Warren and Warren Burger

Structure and Composition

• The Supreme Court consists of nine justices: one Chief Justice and eight Associate Justices
• Justices are nominated by the President and must be confirmed by a majority vote in the Senate
  • This process has become increasingly politicized in recent decades, with contentious confirmation hearings for nominees such as Robert Bork (1987) and Brett Kavanaugh (2018)
• Once confirmed, justices serve lifetime appointments and can only be removed through impeachment by the House of Representatives and conviction by the Senate
• The Chief Justice, in addition to hearing cases, oversees the administration of the federal judiciary and presides over presidential impeachment trials in the Senate
• The Court's term begins on the first Monday in October and runs through late June or early July
• Justices are assigned to one or more of the thirteen federal circuits, and they are responsible for emergency matters arising from those circuits
• The Court employs a number of support staff, including law clerks who assist the justices in researching and drafting opinions

Jurisdiction and Powers

• The Supreme Court has both original and appellate jurisdiction as outlined in Article III of the Constitution
  • Original jurisdiction applies to cases involving disputes between states or cases involving ambassadors and other public ministers and consuls
  • Appellate jurisdiction allows the Court to review decisions made by lower courts, both state and federal
• The Court has the power of judicial review, which allows it to declare laws and executive actions unconstitutional
• The Court can also interpret the meaning of laws, treaties, and the Constitution itself
• Through the process of selective incorporation, the Court has applied most of the protections in the Bill of Rights to the states via the Due Process Clause of the Fourteenth Amendment
• The Court's decisions are binding on all lower courts and set precedents that shape the interpretation and application of the law

Case Selection Process

• The Supreme Court receives thousands of petitions each year, but only hears oral arguments in about 70-80 cases
• Most cases reach the Court through a petition for a writ of certiorari, which is a request for the Court to review a lower court's decision
  • Four of the nine justices must vote to grant certiorari for a case to be heard
• The Court tends to grant certiorari in cases that involve significant constitutional issues, conflicting decisions among lower courts, or matters of national importance
• In some cases, the Court may issue a summary reversal, overturning a lower court's decision without hearing oral arguments
• The Court may also issue writs of mandamus, ordering a lower court or government official to take a specific action
• Justices and their law clerks review petitions for certiorari and discuss them in weekly conferences to decide which cases to hear

Oral Arguments and Decision-Making

• Once a case is accepted, the parties submit written briefs outlining their arguments
• Oral arguments are then held, with each side typically given 30 minutes to present their case and answer questions from the justices
  • Justices often interrupt attorneys with questions, and the exchanges can be lively and pointed
• After oral arguments, the justices meet in a private conference to discuss the case and take an initial vote
  • The Chief Justice, if in the majority, assigns the responsibility of writing the Court's opinion; otherwise, the most senior justice in the majority assigns the opinion
• Justices may circulate drafts of opinions and negotiate changes to build a majority
• Justices who disagree with the majority may write dissenting opinions, while those who agree with the outcome but not the reasoning may write concurring opinions
• The Court's opinions are typically released by the end of the term in late June or early July

Landmark Cases and Their Impact

• Marbury v. Madison (1803): Established the principle of judicial review
• Dred Scott v. Sandford (1857): Held that African Americans were not citizens and could not sue in federal court; struck down the Missouri Compromise
• Plessy v. Ferguson (1896): Upheld the constitutionality of racial segregation under the "separate but equal" doctrine
• Brown v. Board of Education (1954): Overturned Plessy and declared racial segregation in public schools unconstitutional
• Gideon v. Wainwright (1963): Required states to provide attorneys for criminal defendants who could not afford them
• Miranda v. Arizona (1966): Required police to inform suspects of their rights before interrogation
• Roe v. Wade (1973): Recognized a constitutional right to privacy that protects a woman's right to choose to have an abortion
• Bush v. Gore (2000): Halted the Florida recount in the 2000 presidential election, effectively handing the presidency to George W. Bush

Current Issues and Controversies

• The Court's ideological balance and the impact of recent appointments, such as Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett
• The role of stare decisis (adherence to precedent) and the potential for overturning landmark decisions like Roe v. Wade
• The increasing politicization of the nomination and confirmation process for Supreme Court justices
• The Court's role in deciding election-related cases, such as disputes over voting rights, gerrymandering, and campaign finance
• The tension between religious liberty and other rights, such as LGBTQ+ equality and access to contraception
• The Court's approach to issues of national security, surveillance, and privacy in the digital age
• The debate over term limits or other reforms to the Supreme Court's structure and composition

The Court's Role in American Democracy

• The Supreme Court serves as a check on the legislative and executive branches, ensuring that their actions comply with the Constitution
• The Court's decisions can have far-reaching impacts on American society, shaping policies and practices at the national, state, and local levels
• The Court plays a crucial role in interpreting the Constitution and adapting its principles to changing times and circumstances
• The Court's independence from political pressures is essential to its legitimacy and its ability to protect individual rights and liberties
• However, the Court's power is not unlimited, and it relies on the other branches and the public to enforce its decisions
• Critics argue that the Court has sometimes overstepped its bounds or made decisions based on political or ideological preferences rather than sound legal reasoning
• The Court's role in American democracy is an ongoing subject of debate, with some calling for reforms to make it more accountable or representative of the nation's diversity