4.2 The Supreme Court: Composition and Jurisdiction

The Supreme Court's composition and jurisdiction form the backbone of the judicial branch. Nine justices serve lifetime appointments, ensuring independence from political pressures. This structure allows the Court to interpret the Constitution and shape American law without fear of reprisal.

The Court's power stems from its original and appellate jurisdiction. While rarely exercised, original jurisdiction allows the Court to hear specific cases first. Appellate jurisdiction, the Court's primary function, enables it to review lower court decisions, maintaining consistency in federal law interpretation.

Supreme Court Composition and Term Lengths

Composition and Historical Changes

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• Supreme Court consists of nine justices (one Chief Justice and eight Associate Justices)
• Number of justices changed throughout history (ranged from six to ten)
• Judiciary Act of 1869 established the current nine-justice composition
• No age requirements or restrictions for Supreme Court appointments

Lifetime Appointments and Judicial Independence

• Justices appointed for life terms
• Serve until retirement, resignation, or impeachment and removal from office
• Life tenure designed to insulate justices from political pressures
• Promotes judicial independence in decision-making
• Justices can only be removed through impeachment process (requires conviction by Senate)

Original vs Appellate Jurisdiction

Original Jurisdiction

• Supreme Court's authority to hear cases for the first time
• Limited to specific types of cases:
  • Disputes between states (territorial conflicts, water rights)
  • Cases involving ambassadors or other public ministers and consuls (diplomatic immunity issues)
• Congress cannot alter or restrict the Court's original jurisdiction
• Relatively rare compared to appellate cases

Appellate Jurisdiction

• Allows Supreme Court to review decisions made by lower courts
• Covers decisions from:
  • Lower federal courts (district courts, courts of appeals)
  • State courts on federal issues (constitutional questions, federal law interpretations)
• Vast majority of Supreme Court cases fall under appellate jurisdiction
• Congress has power to regulate and make exceptions to appellate jurisdiction
• Examples of appellate cases:
  • First Amendment challenges (freedom of speech, religion)
  • Equal protection claims (racial discrimination, voting rights)

Certiorari Process for Case Selection

Writ of Certiorari Procedure

• Formal request asking Supreme Court to review a lower court's decision
• Parties file a petition for a writ of certiorari
• Petition outlines legal questions and reasons for Court's attention
• Thousands of cert petitions received annually
• Less than 100 cases typically granted certiorari each year
• "Rule of Four" requires at least four justices to vote for granting certiorari

Post-Certiorari Process

• Court sets schedule for briefing and oral arguments
• Parties submit written briefs outlining their legal arguments
• Amicus curiae (friend of the court) briefs may be filed by interested third parties
• Oral arguments presented before the justices
• Justices deliberate and render a decision
• Majority opinion, concurring opinions, and dissenting opinions may be written

Factors Influencing Case Selection

Legal and Constitutional Considerations

• Circuit splits (conflicting decisions between federal appeals courts)
• Presence of important federal questions or unsettled constitutional issues
• Cases involving significant public policy or broad national implications
• Clear facts and well-defined legal questions preferred
• Examples of influential cases:
  • Brown v. Board of Education (racial segregation in schools)
  • Obergefell v. Hodges (same-sex marriage rights)

External Influences and Court Dynamics

• Solicitor General's recommendation carries considerable weight
• Represents U.S. government's position on cases
• Justices' individual jurisprudential philosophies impact case selection
• Views on Court's role in shaping law and policy influence decisions
• Strategic considerations (timing, political climate, public opinion)
• Desire to resolve longstanding legal conflicts or address emerging issues