When a case reaches the Supreme Court, usually through a multi-year process, it is important because the precedent set by the majority opinion is then the standard by which future laws are measured. This is due to the principle of “stare decisis”, which is Latin for “supports a decision”, where a current court should be bound by previous decisions.
Are Supreme Court decisions final?
Yes, in the sense that they cannot be overthrown by another body. But no, in the sense that the court can overturn or change its own precedent over time, as it did with abhorrent rulings allowing racial segregation or last month’s reversal of the 1973 decision in Roe v. Wade, which guaranteed the constitutional right to have an abortion.
Can Congress overrule decisions?
Not immediately, but Congress can pass laws that respond to the rulings. For example, the court ruled in 2007 that Lilly Ledbetter had not filed an equal pay discrimination complaint within the time allowed (because she did not discover the difference until years later). President Barack Obama signed a law in 2009 that eliminated those previous restrictions.
What about amending 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 that, in theory, requires massive public support, which neither party currently has.
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 vote. 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). Justice Brett Cavanaugh (Trump, 2018). Justice Amy Coney Barrett (Trump, 2020). Justice Ketanji Brown Jackson (Joe Biden, 2022).
Why do some presidents appoint more than others?
Luck and politics. Presidents Bill Clinton, George W. Bush, and Obama each served eight years and were confirmed by two justices. Trump served one term and appointed three: one because Obama’s eventual nominee in 2016 was blocked by Republicans, one because of his retirement, and one, shortly before the 2020 presidential election, because of the death of liberal Justice Ruth Bader Ginsburg.
Are there requirements to be a justice?
No. It is more common now for applicants to have strong legal pedigrees (Ivy League law school, clerking experience for previous judges, or experience on federal appeals courts), but none of these are required. Kagan was a Harvard Law professor and solicitor general (the Justice Department’s top prosecutor), but he was never a judge. The late Chief Justice Earl Warren was governor of California.
Are Supreme Court Justices appointed for life?
Yes, just like judges of other federal courts, and they can serve until death or retirement. It means they are theoretically insulated from the whims of the political branches. But it doesn’t make judges popular: current polls show that fewer than a third of Americans have confidence in the court.
Can Supreme Court Justices be removed?
Yes, by impeachment — the same process used to remove a US president. The House would vote on impeachment and the Senate would have a trial and vote on whether to remove the justice. However, it never happened for a Supreme Court judge.
What is court packing?
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 this in the 1930s after the court had struck down many of his “New Deal” policies. Recently faced with a court that has six conservatives and three liberals, Democratic politicians have proposed adding several more justices to tilt the balance of power.
How does the court work?
The Supreme Court first met in 1790, as the highest court in the judicial branch of government. The courts are headed by the Chief Justice of the United States (that’s the official title). The court has occupied its current building in Washington only since 1935. Previously, it borrowed space in the Senate chambers in the US Capitol.
Traditionally, each term starts on the first Monday in October and final opinions are usually issued by the end of June. Judges divide their time between “sessions,” where they hear cases and issue rulings, and “recesses,” where they meet in private to write their decisions and consider other matters before the court.
In the courtroom, the judges are seated in order of seniority, with the chief justice in the middle and the most junior judges on the outside. Before public debates and private conferences where decisions are debated, the nine members all shake hands as a show of harmony of purpose.
As the gavel is struck and the judges are seated, the marshal shouts the traditional welcome, which is: “Oyez! their attention, for the court is now. God save the United States and this honorable court.”
Since most cases involve appellate review of decisions by other courts, there are no jurors or witnesses, only lawyers from both sides addressing the bench. Arguments usually last about an hour, and lawyers on both sides very often interrupt their prepared oral arguments with pointed questions from the judges. In recent years, the court has given each judge five minutes to ask questions, going in order from the chief justice to the most junior.
This responsive give-and-take, question-and-answer, requires attorneys to think concisely and logically on their feet. And the tone of the challenge often provides insight into a justice’s thinking, a barometer for his or her decision-making.
After arguments, conferences are scheduled, where the justices discuss and vote on the cases. In these closed-door meetings, the nine members are alone. No employees or clerks allowed. No transcripts are kept.
Judges spend much of their time reviewing cases and writing opinions. And they must decide which cases to hear in open court. When asked shortly before her retirement in 2006 what lawyers do most of the time, Justice Sandra Day O’Connor bluntly said: “We read. We read an average of 1,500 pages a day. We read. Sometimes we write.” Added Justice Antonin Scalia: “We’re trying to squeeze in some time to think.”
No cameras are allowed, and until the Covid-19 pandemic, live audio was not even available for oral arguments, meaning the actions of nine men and women who can affect every aspect of American life are happening in the shadows.
CNN’s Bill Mears contributed to this report.
