The Supreme Court of the United States, established by Article III, Section 1 of the Constitution, stands as the highest court in the federal judiciary. A fundamental question for anyone seeking to understand this crucial institution is: how many justices are there on the Supreme Court? Currently, the Supreme Court is composed of nine justices: one Chief Justice and eight Associate Justices. This number, while seemingly straightforward, carries a history and significance that are essential to understanding the Court’s function and authority.
The composition of the Supreme Court is a matter of ongoing public and political interest. Each justice is nominated by the President of the United States and must be confirmed by the Senate before they can take office. These justices are appointed for life terms, or as the Constitution states, they hold their offices “during good behavior.” This lifetime tenure ensures judicial independence, allowing justices to make decisions based on their interpretation of the law without fear of political reprisal.
The Supreme Court’s responsibilities are divided into original and appellate jurisdiction. Original jurisdiction is a limited area where the Supreme Court acts as the trial court, primarily in cases involving disputes between states or cases affecting ambassadors and high-ranking ministers. However, the vast majority of the Supreme Court’s work falls under appellate jurisdiction. This means the Court reviews decisions made by lower courts, both federal and state, when significant legal questions arise.
The Path to the Supreme Court: Writs of Certiorari
For a case to reach the Supreme Court’s appellate jurisdiction, parties unsatisfied with a lower court ruling must petition the Court. The most common method for this is through a writ of certiorari. This is a formal request asking the Supreme Court to order a lower court to send up the case record for review. It’s important to understand that the Supreme Court isn’t obligated to hear every case petitioned. In fact, the Court is highly selective, choosing to review only a small fraction of the thousands of requests it receives each year.
The criteria for granting certiorari are based on the case’s broader significance. The Supreme Court typically accepts cases that present issues of national importance, resolve conflicts among the federal circuit courts of appeals, or have significant precedential value, meaning they will set legal standards for future cases. Out of over 7,000 certiorari petitions annually, the Court usually grants review in only about 100 to 150 cases. These cases typically originate from the U.S. Courts of Appeals or the highest state courts when a constitutional issue is involved.
To ensure efficiency in this selection process, the Supreme Court operates under its own set of rules. A crucial rule is the “Rule of Four,” which dictates that at least four of the nine justices must vote to grant certiorari for a case to be heard. Furthermore, decisions on stays, such as a stay of execution in a death penalty case, require a majority vote of five justices. In exceptional circumstances, a single Justice might grant a temporary stay pending review by the full Court.
Behind the Scenes: Law Clerks and Case Preparation
Each Supreme Court Justice is supported by a team of law clerks. Typically, each justice employs three to four law clerks per term. These clerks are recent law school graduates, often from top universities and with outstanding academic records. Many have prior experience as clerks for federal judges. Law clerks play a vital role in assisting justices with their demanding workload.
Their responsibilities include conducting in-depth legal research to help justices decide which cases to accept for review. They assist in preparing questions that justices might pose during oral arguments and contribute to drafting court opinions. While each justice has the prerogative to personally review every certiorari petition, many participate in a system known as the “cert pool.”
In the cert pool, petitions are divided among the participating justices’ offices weekly. Law clerks from these offices then read the assigned petitions, prepare concise memos summarizing the cases, and recommend whether to grant or deny certiorari. These memos and recommendations are then shared among the justices at their Justices’ Conference, facilitating a more efficient initial review process.
From Briefs to Oral Arguments: Presenting a Case
Once the Supreme Court decides to hear a case by granting certiorari, the case is placed on the Court’s docket. The next stage involves the submission of briefs. The petitioner, the party who initially brought the case and is seeking Supreme Court review, is required to submit a brief, typically not exceeding 50 pages, outlining their legal arguments. Following the petitioner’s brief, the respondent, the party who prevailed in the lower court, submits a respondent’s brief, also with a 50-page limit.
After these initial briefs, both sides may file shorter reply briefs to address arguments raised by the opposing party. The U.S. government, often represented by the Solicitor General, can also file a brief presenting the government’s perspective, even if it’s not directly involved in the case. Additionally, amicus curiae briefs, meaning “friend of the court” briefs, can be filed by individuals or groups who are not parties to the case but have an interest in its outcome. These briefs offer additional arguments and perspectives for the justices to consider.
The Supreme Court term begins on the first Monday in October and continues until the Sunday before the first Monday in October of the following year. A significant part of the Court’s public proceedings involves oral arguments. These are typically scheduled from October through April. From October to December, arguments are heard during the first two weeks of each month, and from January to April, during the last two weeks. Within these sessions, oral arguments are generally held on Mondays, Tuesdays, and Wednesdays.
Oral arguments are open to the public and provide a crucial opportunity for the justices to engage directly with the lawyers representing each side of the case. Usually, two cases are heard each day, starting at 10 a.m., with each case allocated one hour for arguments. While lawyers prepare to present their legal case, the justices primarily use this time to ask questions. Oral arguments are less about lawyers reiterating their briefs and more about clarifying points and addressing the justices’ specific concerns and questions developed from reviewing the case materials.
The Solicitor General frequently argues cases where the U.S. government is a party. Even when the government isn’t a direct party, the Solicitor General may be granted time to present the government’s interests in a particular case. During oral arguments, each side is allotted approximately 30 minutes, though attorneys are not required to use the entire time. The petitioner argues first, followed by the respondent. If the petitioner reserves time for rebuttal, they speak last. The Chief Justice initiates the proceedings by acknowledging counsel for the petitioner with the traditional opening, “Mr. Chief Justice, and may it please the Court . . . .” While the Chief Justice is addressed as “Mr. Chief Justice,” other justices are addressed as “Justice [Name]” or “Your Honor,” but not as “Judge.”
Deliberation and Decision: The Justices’ Conference and Opinions
Following oral arguments, the justices convene in conference to deliberate and decide the cases. During court sessions, conferences are held twice a week – on Wednesday and Friday afternoons. The Wednesday conference addresses cases argued on Monday, and the Friday conference covers cases from Tuesday and Wednesday. When the Court is not in session, the Wednesday conference is not held.
Prior to the conferences, justices often discuss cases with their law clerks to gain diverse perspectives. By the time they enter the conference, some justices may have a firm idea of their vote, while others remain undecided. Supreme Court protocol dictates that only the justices are present in the Conference room to ensure confidentiality and candor in their discussions. The Chief Justice calls the session to order, and in a gesture of collegiality, all justices shake hands. The initial focus is typically on petitions for certiorari, deciding which cases to grant review.
After addressing certiorari petitions, the justices turn to the cases argued since their last conference. Each justice has the opportunity to express their views and raise questions without interruption. The Chief Justice speaks first, followed by each justice in descending order of seniority, ending with the most junior justice. Voting follows the same order: the Chief Justice votes first, and then each justice down to the most junior.
After votes are tallied, if there is a majority, the Chief Justice, or the most senior justice in the majority if the Chief Justice is in the dissent, assigns a justice in the majority to write the opinion of the Court. The most senior justice in the dissent can assign a dissenting justice to write the dissenting opinion. Justices who agree with the outcome but not the majority’s reasoning may write a concurring opinion. Any justice can also write their own dissenting opinion. In the event of a tie vote, the lower court’s decision stands. This can occur if a justice is recused or a seat is vacant.
Opinions are generally released by the end of the Court’s term in late June or early July. Unanimous decisions tend to be released sooner than those with concurring or dissenting opinions. A majority of justices must agree to the final wording of the Court’s opinion before it is made public. The justice drafting the opinion must consider the comments and concerns of the other justices in the majority to maintain that majority. Occasionally, in closely decided cases, a dissenting opinion can become the majority opinion if justices change their votes after reviewing drafts. No opinion is considered official until it is delivered in open court or made publicly available. The Court releases opinions on days when oral arguments are heard and during special “opinion days,” particularly in May and June, and during the final week of the term.
Understanding that nine justices serve on the U.S. Supreme Court provides a starting point for comprehending its structure. However, appreciating the process by which these justices function, from case selection to opinion writing, offers a deeper insight into the workings of this vital branch of the American government.
For further information about the Supreme Court and its operations, please visit the Supreme Court of the United States website.
