Essentially, the court decides whether laws and government actions are constitutional and delineates the scope and limits of government.
When a case reaches the Supreme Court, usually over a process of several years, it is important because the precedent that sets the majority opinion is the standard by which future laws are measured. This is due to the principle of “stare decisis”, Latin for “to stand by a decision”, where the current court must be bound by previous decisions.
Are Supreme Court decisions final?
Yes, in the sense that they cannot be overturned by another body.
But no, in the sense that the court can overturn or change its own precedent over time, as it did with hateful decisions allowing racial segregation or with the 1973 reversal of Roe v. Wade last month, which guaranteed the constitutional right to obtain an abortion.
Can Congress Overrule Decisions?
Not directly, but Congress can pass laws that respond to the rulings.
For example, in 2007, the court ruled that Lily Ledbetter did not file an equal pay discrimination complaint within the time allowed (because she discovered the discrepancy years later). President Barack Obama signed a law in 2009 that lifted those previous restrictions.
How about changing the constitution?
The Supreme Court interprets the Constitution, so amending the document changes how the court can rule. But amending the constitution is a herculean political task, requiring, in theory, mass public support that currently does not exist for either party.
Are Supreme Court judges elected?
No. They are appointed by the president and then sent to the Senate for confirmation.
How many judges are there and who appointed them?
Nine. Everyone has an equal voice.
Chief Justice John Roberts (George W. Bush, 2005).
Justice Clarence Thomas (George HW Bush, 1991).
Justice Samuel Alito (GWB, 2006).
Justice Sonia Sotomayor (Barack Obama, 2009).
Justice Elena Kagan (Obama, 2010).
Judge Neil Gorsuch (Donald Trump, 2017).
Judge Brett Cavanaugh (Trump, 2018).
Judge Amy Coney Barrett (Trump, 2020).
Judge Ketanji Brown Jackson (Joe Biden, 2022).
Why are some presidents able to appoint more than others?
Luck and politics. Presidents Bill Clinton, George W. Bush and Obama each served eight years and received two confirmations each.
Trump served one term and appointed three: one because Obama’s last nominee in 2016 was blocked by Republicans, one because of retirement and one, just before the 2020 presidential election, because of the death of liberal Justice Ruth Bader Ginsburg.
Are there any requirements to be a justice?
No. Most often, nominees already have a solid legal background (Ivy League law school, experience clerking for previous judges, or experience on federal appeals courts), but none of this is required.
Kagan was a Harvard law professor and solicitor general (senior attorney at the Department of Justice), but he was never a judge. The late Chief Justice Earl Warren was governor of California.
Are Supreme Court Justices appointed for life?
Yes, as do judges of other federal courts, and they can serve until death or retirement. This means that they are in theory insulated from the whims of the political branches. But that doesn’t make judges popular: Current polls show that less than a third of Americans trust the court.
Can Supreme Court Justices be removed?
Yes, by impeachment — the same process used to remove a US president. The House will vote on impeachment and the Senate will have a trial and vote on whether to remove the justice. However, this has never happened for a Supreme Court judge.
What is “forensic packaging”?
The constitution does not say how many judges the court should have, but the number has been set at nine since the mid-19th century and has since been codified into law. In theory, the president can nominate and the Senate can confirm more justices to steer the court in a desired direction.
President Franklin Delano Roosevelt proposed it in the 1930s after the court rejected many of his New Deal policies. Recently faced with a court that has six conservatives and three liberals, Democratic politicians have proposed adding a few more justices to shift the balance of power.
How does the court work?
The Supreme Court first met in 1790 as the highest court in the judiciary. The judges are headed by the Chief Justice of the United States (that’s the official title). The court has only occupied its current building in Washington since 1935. Before that, it occupied a seat in the Senate chambers of the US Capitol.
Traditionally, each term begins on the first Monday of October, and final opinions are usually issued by the end of June. Judges split their time between “sessions,” where they hear cases and issue rulings, and “recesses,” where they meet privately to write their rulings and discuss other matters before the court.
In the courtroom, the judges are seated in order of seniority, with the chief judge in the middle and the most junior judges on the outside. Before public arguments and private conferences where decisions are discussed, the nine members shake hands in a sign of harmony of purpose.
When the gavel sounds and the judges are seated, the marshal shouts the traditional salute, which reads: “Oyez! Oyez! their attention because the court is now in session. God bless the United States and this honorable court.”
Because most cases involve appeals from decisions from other courts, there are no jurors or witnesses, just lawyers for both sides addressing the bench. Arguments usually last about an hour, and very often the prepared oral statements of lawyers on both sides are interrupted by sharp questions from the judges. In recent years, the court has given each justice five minutes to ask questions, going in order from the chief justice to the most junior.
This give-and-take, question-and-answer pattern requires lawyers to think tightly and logically on their feet. And the tone of the questions often provides insight into the judge’s mindset, a barometer of decision-making.
After the arguments, conferences are scheduled where the judges discuss and vote on the cases. In these closed-door sessions, the nine members are alone. No staff or employees allowed. No transcripts are kept.
Judges spend much of their time hearing cases and writing opinions. And they must decide which cases they will hear in open court. When asked just before her retirement in 2006 what lawyers do most of the time, Justice Sandra Day O’Connor said bluntly: “We read. We read an average of 1,500 pages a day. We are reading. Sometimes we write.” Added Justice Antonin Scalia: “We try to take some time to think.”
No cameras are allowed, and until the Covid-19 pandemic, no live audio was available for oral arguments, meaning the actions of nine men and women who could affect every aspect of American life are taking place in the shadows.
CNN’s Bill Mears contributed to this report.
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