Supreme Court of the United States

Supreme Court of the United States, highest court in the national judiciary of the United States, possessing the authority to lay down the terms of its appellate jurisdiction. The offices of the Court are in Washington, D.C. The Supreme Court was established by Article III of the US Constitution, which describes the jurisdiction of the Court as follows: “the judicial power shall extend to all cases in law and equity arising under this Constitution, the laws of the United States, and treaties made, or which shall be made under their authority …”. The Court held its first session in New York on February 2, 1790.

In addition to handling matters appropriate to the highest court of the United States, including the interpretation of federal statutes and the interpretation of the US Constitution, the Supreme Court operates principally as an appellate, or appeal, body. It reviews the decisions of the highest state courts and of the lower federal courts and may resolve ordinary private cases where lower courts have disagreed. Decisions of lower federal courts are reviewed by appeal or by writ of certiorari. The Supreme Court can also issue writs of prohibition and all other writs that are necessary for its jurisdiction. Thus, it has complete authority over all US courts. In addition to its appellate powers, the Court has original jurisdiction in cases in which a public minister, ambassador, or consul is a party. The Court’s powers extend to all cases in which the United States is a party and to cases between governments or citizens of different states.

The Supreme Court consists of eight associate members, called justices, and the Chief Justice, all appointed by the president with the consent of the Senate. Members of the Court are appointed for life terms and can be removed only by resignation or impeachment. The first black justice, Thurgood Marshall, was appointed by President Johnson in 1967, and the first woman justice, Sandra Day O’Connor, by President Reagan in 1981.

The Court, which is in session from October to May or June, reaches decisions by majority vote, but any justice may issue a dissenting opinion. Enforcement of Court decisions is the responsibility of the executive department.

Since its establishment the number of justices on the Supreme Court has varied from five to ten. The size of the Court, not specified by the Constitution, is determined by Congress. The Judiciary Act of 1789 provided for five associate justices and one Chief Justice. This number was reduced to five in 1801 but was changed several times, eventually settling at nine in 1869, at which it has remained ever since. The changes in the number of the Court reflected the expansion of the United States, specifically the burdensome responsibilities of the Court until 1869, to visit federal circuit courts around the country. By the Judiciary Act of 1869 circuit court judges were installed who relieved the Supreme Court justices of many duties. Additional legislation in 1891 and 1925 created more circuit court judges with final appellate jurisdiction and limited the kinds of cases that might be appealed to the Supreme Court. (See also Courts in the United States.)