Supreme Court Links
Why Republicans Romney, Murkowski, and Collins say they'll vote for Ketanji Brown Jackson Sens. Allison Pecorin and Libby Cathey
https://abcnews.go.com/Politics/republicans-romney-murkowski-collins-vote-ketanji-brown-jackson/story?id=83884756 Apr 5, 2022 "Susan Collins, Lisa Murkowski and Mitt Romney will vote for Jackson...Democrats on Monday were able to advance Jackson's nomination out of the Senate Judiciary Committee by a 53-47 vote, with the help of those three Republicans, putting President Joe Biden's nominee on a clear path to being confirmed later this week by the full Senate." ABC News
https://www.uscourts.gov "The U.S. Courts were created under Article III of the Constitution to administer justice fairly and impartially, within the jurisdiction established by the Constitution and Congress. This section will help you learn more about the Judicial Branch and its work." About Federal Courts
https://www.usa.gov/branches-of-government#item-214501 The judicial branch interprets the meaning of laws, applies laws to individual cases, and decides if laws violate the Constitution. It is comprised of the Supreme Court and other federal courts.
The Supreme Court is the highest court in the United States. The Justices of the Supreme Court are nominated by the president and must be approved by the Senate.
Nine members make up the Supreme Court—a Chief Justice and eight Associate Justices. There must be a minimum or quorum of six Justices to decide a case.
If there is an even number of Justices and a case results in a tie, the lower court's decision stands.
There is no fixed term for Justices. They serve until their death, retirement, or removal in exceptional circumstances.
The Constitution gives Congress the authority to establish other federal courts to handle cases that involve federal laws including tax and bankruptcy, lawsuits involving U.S. and state governments or the Constitution, and more. Other federal judicial agencies and programs support the courts and research judicial policy.
Appointments for Supreme Court Justices and other federal judgeships follow the same basic process:
The president nominates a person to fill a vacant judgeship.
The Senate Judiciary Committee holds a hearing on the nominee and votes on whether to forward the nomination to the full Senate.
If the nomination moves forward, the Senate can debate the nomination. Debate must end before the Senate can vote on whether to confirm the nominee. A Senator will request unanimous consent to end the debate, but any Senator can refuse.
Without unanimous consent, the Senate must pass a cloture motion to end the debate. It takes a simple majority of votes—51 if all 100 Senators vote—to pass cloture and end debate about a federal judicial nominee.
Once the debate ends, the Senate votes on confirmation. The nominee for Supreme Court or any other federal judgeship needs a simple majority of votes—51 if all 100 Senators vote—to be confirmed.
Judicial Videos
https://www.youtube.com/watch?v=hOvsZyqRfCo Sep 14, 2017 What happened in the 1803 United States court case between William Marbury and James Madison? What affect did it have on the young nation? HISTORY
https://www.youtube.com/watch?v=wNlilK7uuT4 May 21, 2016 Prior to leaving office, President John Adams sought to ensure his party’s continuing influence by appointing 42 justices of the peace. However, Thomas Jefferson, the new president, refused to deliver some of the appointment letters. William Marbury was among those who did not receive his appointment, and he sued to have it delivered. Writing for the Supreme Court in 1803, Chief Justice John Marshall ruled that Marbury had a right to his commission. However, he also ruled that the Judiciary Act – which provided original jurisdiction to the Court in this matter – contravened Article III of the Constitution. Thus, the Court could not order the commission to be delivered. This case established the doctrine of judicial review – i.e., the power of the federal courts to declare legislative and executive laws or acts invalid if they violate the Constitution. Judicial review today remains a powerful and established tool of the courts and has been described as "America's original contribution to the science of law." This animated video is part of the Virtual Museum of Law, presented by the State Bar of Georgia's Law-Related Education Program and funded by the Cornerstones of Freedom® program. State Bar of Georgia Learn more at http://www.thelawmuseum.org
How the Supreme Court Works
The Supreme Court is:
The highest court in the country
Located in Washington, DC
The head of the judicial branch of the federal government
Responsible for deciding whether laws violate the Constitution
In session from early October until late June or early July
How a Case Gets to the Supreme Court
Most cases reach the Court on appeal. An appeal is a request for a higher court to reverse the decision of a lower court. Most appeals come from federal courts. They can come from state courts if a case deals with federal law.
Rarely, the Court hears a new case, such as one between states.
Dissatisfied parties petition the Court for review
Parties may appeal their case to the Supreme Court, petitioning the Court to review the decision of the lower court.Justices study documents
The Justices examine the petition and supporting materials.Justices vote
Four Justices must vote in favor for a case to be granted review.
What Happens Once a Case is Selected for Review?
Parties make arguments
The Justices review the briefs (written arguments) and hear oral arguments. In oral arguments, each side usually has 30 minutes to present its case. The Justices typically ask many questions during this time.Justices write opinions
The Justices vote on the case and write their opinions.
The majority opinion shared by more than half of the Justices becomes the Court’s decision.
Justices who disagree with the majority opinion write dissenting or minority opinions.The Court issues its decision
Justices may change their vote after reading first drafts of the opinions. Once the opinions are completed and all of the Justices have cast a final vote, the Court “hands down” its decision.
All cases are heard and decided before summer recess. It can take up to nine months to announce a decision.
Every year:
The Court receives 7,000-8,000 requests for review and grants 70-80 for oral argument. Other requests are granted and decided without argument.
About the Justices:
There are nine Justices:
A Chief Justice, who sits in the middle and is the head of the judicial branch.
Eight Associate Justices
When a new Justice is needed:
The President nominates a candidate, usually a federal judge.
The Senate votes to confirm the nominee.
The Court can continue deciding cases with less than nine Justices, but if there is a tie, the lower court’s decision stands.
Justices are appointed for life, though they may resign or retire.
They serve an average of 16 years.
The Judiciary Act of 1789 created the Office of the Attorney General which evolved over the years into the head of the Department of Justice and chief law enforcement officer of the Federal Government. The Attorney General represents the United States in legal matters generally and gives advice and opinions to the President and to the heads of the executive departments of the Government when so requested. In matters of exceptional gravity or importance the Attorney General appears in person before the Supreme Court. Since the 1870 Act that established the Department of Justice as an executive department of the government of the United States, the Attorney General has guided the world's largest law office and the central agency for enforcement of federal laws. https://www.justice.gov/ag/about-office
The Department of Justice traces its beginning to the First Congress meeting in New York in 1789, at which time the Congress devoted itself to creating the infrastructure for operating the Federal Government. After meeting for several months the legislators passed a bill known as the Judiciary Act that provided for the organization and administration of the judicial branch of the new government, and included in that Act was a provision for appointment of “…a meet person, learned in the law, to act as attorney-general for the United States…”
Although it would be nearly another century before Congress would create the Department of Justice, the establishment of the Attorney General position marks the true beginning of the Department. The Judiciary Act was passed by Congress and signed by President George Washington on September 24, 1789, making the Attorney General position the fourth in the order of creation by Congress of those positions that have come to be defined as Cabinet level positions.
Eighty-six distinguished Americans have served as Attorney General.
Learn more about these honored individuals: Attorneys General Throughout History
Updated March 12, 2021
