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SCOTUS

The Structure of the Supreme Court

The justices and the Court’s jurisdiction.

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The Supreme Court

The US Supreme Court is the highest court in the federal judiciary. It currently has nine judges (justices): the Chief Justice of the United States, and eight associate justices. The president nominates justices, and they take office if the Senate confirms them by simple majority. Justices are appointed for life, so that political concerns don’t cloud their rulings. They generally serve until they retire, resign, or die.

The chief justice presides over oral arguments and private conferences, plus administrative responsibilities of the federal judiciary. The justices hear oral arguments, meet privately to vote, and issue opinions explaining their legal reasoning. Each justice has one vote after the Court hears a case, and a majority of the justices decides it, meaning a 5–4 vote is enough for a decision.

Article III, Section 2 of the Constitution defines the Supreme Court’s legal authority to hear cases, known as its jurisdiction. The Court has two primary types of jurisdiction: original and appellate. Original jurisdiction gives the Court the power to hear a case for the first time, and it applies to very limited group of cases. These include cases involving ambassadors and other public ministers, and when one state sues another.

Appellate jurisdiction, on the other hand, is the power to review decisions made by lower courts. These cases often involve important questions regarding federal and constitutional law. The Court may affirm or reverse a decision or send it back to the lower courts for further proceedings. Congress can set rules and limits on the Court’s appellate jurisdiction.

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Written by

Generation Liberty Staff

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