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The Supreme Court of the United States (sometimes colloquially referred to by the acronym SCOTUS)[1] is the highest judicial body in the United States and leads the federal judiciary. The United States of America —commonly referred to as the This is an index of chronological lists of cases decided by the Supreme Court of the United States. The Supreme Court of the United States is the only Court specifically established by the Constitution of the United States, implemented in 1789 The following is a history of the Supreme Court of the United States, organized by Chief Justice. The Supreme Court building is the seat of the Supreme Court of the United States. The Chief Justice of the United States is the head of the judicial branch of the government of the United States, and presides over the U John Glover Roberts Jr (born January 27 1955) is the seventeenth and current Chief Justice of the United States. Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States John Paul Stevens (born April 20, 1920) is currently the most senior Associate Justice of the Supreme Court of the United States. (born March 11, 1936) is an American Jurist and the second most senior Associate Justice of the Supreme Court of the United States Anthony McLeod Kennedy (born July 23, 1936) has been an Associate Justice of the U For the Australian artist see David Henry Souter. David Hackett Souter (ˈsutɚ born September 17, 1939) has been an Clarence Thomas (born June 23, 1948) is an American Jurist. He has been serving as an Associate Justice of the Supreme Court of the United Ruth Joan Bader Ginsburg (born March 15 1933 Brooklyn New York) is an Associate Justice on the U Stephen Gerald Breyer (born August 15 1938 is an American Attorney and Jurist. Samuel Anthony Alito Jr (born April 1, 1950) is an Associate Justice of the Supreme Court of the United States. Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States Sandra Day O'Connor (born March 26, 1930) is an American Jurist. This is a list of past and present justices of the Supreme Court of the United States. In order to become a Justice on the Supreme Court of the United States, an individual must be nominated by the President of the United States and approved by the In order to become a Justice on the Supreme Court of the United States, an individual must be nominated by the President of the United States and approved by the The Chief Justice of the United States is the head of the judicial branch of the government of the United States, and presides over the U This is a list of US Chief Justices by time in office. This is based on the difference between dates if counted by number of calendar days all the figures would be one greater To become a Justice on the Supreme Court of the United States, an individual must be nominated by the President of the United States and approved by the U Justices of the Supreme Court of the United States are nominated by the President and confirmed by the Senate. The Demographics of the Supreme Court of the United States have been raised as an issue since the Court was established in 1789 The Clerk of the Supreme Court of the United States is the officer of the Supreme Court of the United States responsible for overseeing filings with the Court and maintaining The Reporter of Decisions of the Supreme Court of the United States is the official charged with editing and publishing the Court's opinions both when announced and The Supreme Court of the United States Police is a small federal law enforcement agency headquartered in the District of Columbia, whose mission is to ensure The United States of America —commonly referred to as the Politics of the United States takes place in the framework of a presidential, Federal republic where the President of the United States (the Head of The federal government of the United States is the central United States Governmental body established by the United States Constitution. The Constitution of the United States of America is the supreme Law of the United States. Taxation in the United States is a complex system which may involve payment to at least four different levels of government and many methods of taxation The United States Congress is the bicameral Legislature of the federal government of the United States of America, consisting of two houses The United States House of Representatives is one of the two chambers of the United States Congress; the other is the Senate. The Speaker of the United States House of Representatives is the presiding officer&mdashor speaker &mdashof the United States House of Representatives. Party leaders of the United States House of Representatives are elected by their respective parties in a closed-door (private Caucus. This is a complete list of congressional districts for representation in the United States House of Representatives. The United States Senate is the Upper house of the bicameral United States Congress, the Lower house being the House of Representatives The President pro tempore of the Senate is the second-highest-ranking official of the United States Senate and the highest-ranking senator The Senate Majority and Minority Leaders (also called Senate Floor Leaders) are two United States Senators who are elected by the party conferences The President of the United States is the Head of state and Head of government of the United States and is the highest political official in United States by The Vice President of the United States is the first person in the presidential line of succession, becoming the new President of the United States upon the death The United States Cabinet (usually simplified as "the Cabinet" is composed of the most senior appointed officers of the Executive branch of the Federal government This is an incomplete list of United States federal agencies. The United States federal courts are the system of Courts organized under the Constitution and laws of the Federal government of the United States The United States courts of appeals (or circuit courts) are the intermediate appellate courts The United States district courts are the general Trial courts of the United States federal court system. The United States has a federal government, with elected officials at federal (national state and local level Elections for President and Vice President of the United States are This article presents the main political parties in United States politics. The Democratic Party is one of two major Political parties in the United States, the other being the Republican Party. See also Third party (United States presidential candidates 2008 The term third party is used in the United States for a political party other than one State governments in the United States (sometimes referred to as "The State" is generally structured in accordance with the laws of the various individual states The following is a list of incumbent United States Governors. In the United States of America, a state legislature is a generic term referring to the legislative body of any of the country's 50 states. Each State in the United States has a Legislative branch as part of its form of civil government In the United States, a state court has Jurisdiction over disputes with some connection to a U Local government in the United States is generally structured in accordance with the laws of the various individual states. Information on politics by country is available for every Country, including both De jure and De facto independent Acronyms, initialisms, and alphabetisms are Abbreviations that are formed using the initial components in a phrase or name The United States of America —commonly referred to as the The United States federal courts are the system of Courts organized under the Constitution and laws of the Federal government of the United States It consists of the Chief Justice of the United States and eight Associate Justices, who are nominated by the President and confirmed with the "advice and consent" of the Senate. The Chief Justice of the United States is the head of the judicial branch of the government of the United States, and presides over the U Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States The President of the United States is the Head of state and Head of government of the United States and is the highest political official in United States by Advice and consent is an English phrase frequently used in enacting formulae of bills and in other legal or constitutional contexts describing a situation in The United States Senate is the Upper house of the bicameral United States Congress, the Lower house being the House of Representatives Justices serve "during good Behaviour,"[2] which terminates at death, resignation, retirement, or conviction on impeachment. Impeachment in the United States is an expressed power of the Legislature which allows for formal charges to be brought against a civil officer of government for conduct [3] The Court meets in Washington, D.C. in the United States Supreme Court building. Washington DC ( formally the District of Columbia and commonly referred to as Washington, the District, or simply D The Supreme Court building is the seat of the Supreme Court of the United States. The Supreme Court is primarily an appellate court, but has original jurisdiction in a small number of cases. Court of Appeal, Court of Appeals, and Appellate Division redirect here for a list of specific courts using those titles see Court of Appeal [4]
Contents |
History
The history of the Supreme Court is frequently described in terms of the Chief Justices who have presided over it. The following is a history of the Supreme Court of the United States, organized by Chief Justice.
Initially, during the tenures of Chief Justices Jay, Rutledge, and Ellsworth (1789–1801), the Court lacked a home of its own and any real prestige. John Jay (December 12 1745 – May 17 1829 was an American Politician, Statesman, revolutionary, Diplomat, a Supreme Court John Rutledge (September 17 1739 – July 23 1800 was an American statesman and judge Oliver Ellsworth ( April 29 1745 &ndash November 26 1807) an American lawyer and politician was a revolutionary against British
That changed during the Marshall Court (1801–1836), which declared the Court to be the supreme arbiter of the Constitution (see Marbury v. Madison) and made a number of important rulings which gave shape and substance to the constitutional balance of power between the federal government (referred to at the time as the "general" government) and the states. John Marshall (September 24 1755 – July 6 1835 was an American statesman and jurist who shaped American constitutional law and made the Supreme Court a center of power The Constitution of the United States of America is the supreme Law of the United States. Marbury v Madison, is a Landmark case in United States law. It formed the basis for the exercise of Judicial review in the United States under In Martin v. Hunter's Lessee, the Court ruled that it had the power to correct interpretations of the federal Constitution made by state supreme courts. Martin v Hunter's Lessee,, was a landmark United States Supreme Court case decided on March 20, 1816. Both Marbury and Martin confirmed that the Supreme Court was the body entrusted with maintaining the consistent and orderly development of federal law.
The Marshall Court ended the practice of each judge issuing his opinion seriatim, a remnant of British tradition, and instead one majority opinion of the Court was issued. Seriatim, Latin for "in series" is a legal term typically used to indicate that a Court is addressing multiple issues in a certain order such as the order The Marshall Court also saw Congress impeach a sitting Justice, Samuel Chase, who was acquitted. This article is about the signer of the Declaration of Independence This impeachment was one piece of the power struggle between the Democratic-Republicans and the Federalists after the election of 1800 and the subsequent change in power. The Federalist Party (or Federal Party) was an American political party in the period 1792 to 1816 with remnants lasting into the 1820s In the United States Presidential election of 1800, sometimes referred to as the “Revolution of 1800” Vice President Thomas Jefferson defeated President John Adams The failure to remove Chase is thought to signal the recognition by Congress of judicial independence. Judicial independence is the doctrine that decisions of the Judiciary should be impartial and not subject to influence from the other branches of government or from private or
The Taney Court (1836–1864) made a number of important rulings, such as Sheldon v. Sill, which held that while Congress may not limit the subjects the Supreme Court may hear, it may limit the jurisdiction of the lower federal courts to prevent them from hearing cases dealing with certain subjects. Roger Brooke Taney ( "tawny" March 17, 1777 – October 12, 1864) was the twelfth United States Attorney General Sheldon v Sill, 49 US 441 (1850 was a ruling of the Supreme Court of the United States, in which the court held that while Congress may not limit the subjects However, it is primarily remembered for its ruling in Dred Scott v. Sandford, the case which may have helped precipitate the Civil War. Dred Scott v Sandford —whether or not they were slaves—could never be Citizens of the United States, and that the United States Congress Causes of the war See also Origins of the American Civil War, Timeline of events leading to the American Civil War The coexistence of a slave-owning South In the years following the Civil War, the Chase, Waite, and Fuller Courts (1864–1910) interpreted the new Civil War amendments to the Constitution, and developed the doctrine of substantive due process (Lochner v. New York; Adair v. United States). Salmon Portland Chase ( January 13, 1808 – May 7, 1873) was an American politician and jurist in the Civil War era Morrison Remick Waite, nicknamed "Mott" ( November 29 1816 &ndash March 23 1888) was the Chief Justice of the United States Melville Weston Fuller ( February 11 1833 &ndash July 4 1910) was the Chief Justice of the United States between 1888 and 1910 Due process (more fully due process of law) is the principle that a person has a right to receive notice and be heard in an orderly proceeding in order to protect his or her Lochner v New York, 198 US 45 (1905 was a landmark United States Supreme Court case that held the " Right to free contract " was Adair v United States,, was a United States Supreme Court decision that upheld " yellow-dog " Contracts that forbade workers from
Under the White and Taft Courts (1910–1930), the substantive due process doctrine reached its first apogee (Adkins v. Children's Hospital), and the Court held that the Fourteenth Amendment applied some provisions of the Bill of Rights to the states through the Incorporation doctrine. Edward Douglass White Jr (November 3 1845 &ndash May 19 1921 American Politician and Jurist, was a United States senator, Associate William Howard Taft (September 15 1857 – March 8 1930 was an American politician, the twenty-seventh President of the United States, the tenth Chief Justice Due process (more fully due process of law) is the principle that a person has a right to receive notice and be heard in an orderly proceeding in order to protect his or her Adkins v Children's Hospital,, is a Supreme Court opinion holding that federal minimum wage legislation for women was an unconstitutional infringement The Fourteenth Amendment ( Amendment XIV) to the United States Constitution is one of the post- Civil War Reconstruction Amendments, first A Bill of Rights is a list or summary of rights that are considered important and essential by a group of people Incorporation (of the Bill of Rights is the American legal doctrine by which portions of the Bill of Rights are applied to the states through the
During the Hughes, Stone, and Vinson Courts (1930–1953), the court gained its own accommodation and radically changed its interpretation of the Constitution in order to facilitate the New Deal (West Coast Hotel Co. v. Parrish, Wickard v. Filburn), giving an expansive reading to the powers of the Federal Government. Charles Evans Hughes Sr ( April 11, 1862 – August 27, 1948) was a Lawyer and Republican politician from the State Harlan Fiske Stone ( October 11 1872 – April 22 1946) was an American Lawyer and jurist. Frederick Moore Vinson ( January 22 1890 – September 8 1953) served the United States in all three branches of government The Supreme Court building is the seat of the Supreme Court of the United States. The New Deal was the name that United States President Franklin D West Coast Hotel Co v Parrish, 300 US 379 (1937 was a decision by the Supreme Court of the United States that upheld the constitutionality of Wickard v Filburn, 317 US 111 (1942 is a United States Supreme Court decision interpreting the Commerce Clause of the United States
The Warren Court (1953–1969) made a number of alternately celebrated and controversial rulings expanding the application of the Constitution to civil liberties, leading a renaissance in substantive due process. Earl Warren ( March 19, 1891 July 9, 1974) was the 14th Chief Justice of the United States and the only person ever elected thrice Due process (more fully due process of law) is the principle that a person has a right to receive notice and be heard in an orderly proceeding in order to protect his or her It held that segregation in public schools is unconstitutional (Brown v. Board of Education); the Constitution protects a general right to privacy (Griswold v. Connecticut); public schools cannot have official prayer (Engel v. Vitale), or mandatory Bible readings (Abington School District v. Schempp); many guarantees of the Bill of Rights apply to the states (e. Desegregation is the process of ending Racial segregation, most commonly used in reference to the United States. Brown v Board of Education of Topeka, 347 US 483 (1954 was a Landmark decision of the United States Supreme Court, which overturned earlier Griswold v Connecticut, 381 US 479 ( 1965) was a Landmark case in which the Supreme Court of the United States ruled that the Engel v Vitale, 370 US 421 ( 1962) was a landmark United States Supreme Court case that determined that it is unconstitutional Abington Township School District v Schempp (consolidated with Murray v g. , Mapp v. Ohio, Miranda v. Arizona); an equal protection clause is not contained in the Fifth Amendment (Bolling v. Sharpe); and that the Constitution grants the right of retaining a court appointed attorney for those too indigent to pay for one (Gideon v. Wainwright). Mapp v Ohio, 367 US 643 ( 1961) was a landmark case in Criminal procedure, in which the United States Supreme Court decided that Miranda v Arizona (consolidated with Westover v United States, Vignera v The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall… deny to any person The Fifth Amendment ( Amendment V) of the United States Constitution, which is part of the Bill of Rights, is related to legal procedure Bolling v Sharpe, 347 US 497 ( 1954) was an influential United States Supreme Court Landmark case dealing with civil rights concerning Gideon v Wainwright,, is a landmark case in United States Supreme Court history
The Burger Court (1969–1986) ruled that abortion was a constitutional right (Roe v. Wade), reached controversial rulings on affirmative action (Regents of the University of California v. Bakke) and campaign finance regulation (Buckley v. Valeo), and held that the implementation of the death penalty in many states was unconstitutional (Furman v. Georgia), but that the death penalty itself was not unconstitutional (Gregg v. Georgia). Warren Earl Burger ( September 17 1907 – June 25 1995) was Chief Justice of the United States from 1969 to 1986 Roe v Wade, 410 US 113 (1973 is a controversial United States Supreme Court case that resulted in a Landmark decision regarding Affirmative action in the United States|Employment equity (Canada|Reservation in India|Numerus clausus The term affirmative action describes many policies aimed at a historically Regents of the University of California v Bakke, 438 US 265 (1978 was a landmark decision of the Supreme Court of the United States on Affirmative Buckley v Valeo, 424 US 1 ( 1976) was a case in which the Supreme Court of the United States upheld a federal law which set limits Capital punishment, the death penalty or execution, is the Killing of a person by judicial process as Punishment. Furman v Georgia, was a United States Supreme Court decision that ruled on the requirement for a degree of consistency in the application of the death penalty Gregg v Georgia, Proffitt v Florida, Jurek v Texas, Woodson v [5]
The Rehnquist Court (1986–2005) will primarily be remembered for its revival of the concept of federalism, which included restrictions on Congressional power under both the Commerce Clause (United States v. Lopez, United States v. Morrison) and the fifth section of the Fourteenth Amendment (City of Boerne v. Flores), as well as the fortification of state sovereign immunity (Seminole Tribe v. Florida, Alden v. Maine). William Hubbs Rehnquist (October 1 1924 – September 3 2005 was an American lawyer, jurist, and a political figure who served as an Associate Justice Political federalism is a Political philosophy in which a group of members are bound together (Latin foedus, covenant) with a governing United States v Lopez, was the first United States Supreme Court case since the Great Depression to set limits to Congress's power under the United States v Morrison, is a United States Supreme Court decision that examined the limits of Congress's power to make laws under the Commerce Clause City of Boerne v Flores, 521 US 507 ( 1997) was a Supreme Court case concerning the scope of Congress's enforcement power Sovereign immunity, or crown immunity, is a type of immunity that in Common law Jurisdictions traces its origins from early English law Seminole Tribe of Florida v Florida, 517 US 44 (1996 was a United States Supreme Court case which held that Article One of the U Alden v Maine, 527 US 706 (1999 was a United States Supreme Court case which held that Article One of the U It will also be remembered for its controversial 5 to 4 decision in Bush v. Gore which ended the electoral recount during the presidential election of 2000 and led to the presidency of George W. Bush. Bush v Gore,, was a United States Supreme Court case decided on December 12, 2000. George Walker Bush ( born July 6 1946 is the forty-third and current President of the United States. In addition, the Rehnquist court narrowed the right of labor unions to picket (Lechmere Inc. v. NLRB); altered the Roe v. Lechmere Inc v National Labor Relations Board, 502 US 527 ( 1992) is a landmark decision of the Supreme Court of the United States case Wade framework for assessing abortion regulations (Planned Parenthood v. Casey); and gave sweeping meaning to ERISA pre-emption (Shaw v. Planned Parenthood v Casey, 505 US 833 ( 1992) was a case decided by the Supreme Court of the United States in which the Constitutionality The Employee Retirement Income Security Act of 1974 ( ERISA) ( is an American federal statute that establishes minimum standards for pension plans in private Delta Air Lines, Inc. , Egelhoff v. Egelhoff), thereby denying plaintiffs access to state courts with the consequence of limiting compensation for torts to very circumscribed remedies (Aetna Health Inc. v. Davila, CIGNA Healthcare of Texas Inc. v. Calad); and affirmed the power of Congress to extend the term of copyright (Eldred v. Ashcroft). Egelhoff v Egelhoff, 532 US 141 ( 2001) is a major decision of the Supreme Court of the United States on Federalism, specifically Aetna Health Inc v Davila, 542 US 200 ( 2004) United States Supreme Court case that limited the scope of the Texas Healthcare Liability Act. Aetna Health Inc v Davila, 542 US 200 ( 2004) United States Supreme Court case that limited the scope of the Texas Healthcare Liability Act. Eldred v Ashcroft, 537 US 186 (2003 challenged the constitutionality of the 1998 Sonny Bono Copyright Term Extension Act (CTEA
The Roberts Court (2005–present) began with the confirmation and swearing in of Chief Justice John G. John Glover Roberts Jr (born January 27 1955) is the seventeenth and current Chief Justice of the United States. Roberts on September 29, 2005, and is the currently presiding court. Events 522 BC - Darius I of Persia kills the Magian usurper Gaumâta securing his hold as king of the Persian Empire. Year 2005 ( MMV) was a Common year starting on Saturday (link displays full calendar of the Gregorian calendar. Though still too early to call it a definite trend, the Court under Chief Justice Roberts is perceived[6] as moving towards the conservative end of the spectrum. Some of the major rulings so far have been in the areas of abortion (Ayotte v. Planned Parenthood, Gonzales v. Carhart); anti-trust legislation (Leegin Creative Leather Products, Inc. v. PSKS, Inc.); the death penalty (Kansas v. Marsh, Baze v. Rees); the Fourth Amendment (Hudson v. Michigan); free speech (Garcetti v. Ceballos, Morse v. Frederick); military detainees (Hamdan v. Rumsfeld, Boumediene v. Bush); school desegregation (Parents v. Seattle); and voting rights (Crawford v. Marion County Election Board). Ayotte v Planned Parenthood of Northern New England, 546 US 320 ( 2006) was a decision by the Supreme Court of the United States involving Gonzales v Carhart, 550 US ___ ( 2007) is a United States Supreme Court case which upheld the Partial-Birth Abortion Ban Act of Leegin Creative Leather Products Inc v PSKS Inc, 551 US ___ ( 2007) was a case in which the United States Supreme Court reversed Kansas v Marsh, 548 US 163 (2006 is a case decided by the United States Supreme Court. Baze v Rees, 553 US ___ ( 2008) is a United States Supreme Court case Hudson v Michigan, 547 U S 586 (2006, is a decision of the United States Supreme Court holding that a violation of the Fourth Amendment Garcetti v Ceballos, 547 US 410 ( 2006) is a decision by the Supreme Court of the United States involving the First Amendment Morse v Frederick, 127 S Ct 2618 ( 2007) was a First Amendment student free speech case in which the Supreme Court of the Hamdan v Rumsfeld, 548 US 557 (2006 is a case in which the Supreme Court of the United States held that military commissions set up by the Boumediene v Bush, 553 US ___ (2008 was a writ of habeas corpus submission made in a civilian court of the United States on behalf of Lakhdar Parents Involved in Community Schools v Seattle School District No Crawford v Marion County Election Board, 553 US ___ (2008 is a decision in a 6-3 vote by the Supreme Court of the United States holding that an Indiana
Composition
Size of the Court
The United States Constitution does not specify the size of the Supreme Court; instead, Congress has the power to fix the number of Justices. Originally, the total number of Justices was set at six by the Judiciary Act of 1789. The United States Judiciary Act of 1789 (1 Stat 73 was a landmark Statute adopted on September 24, 1789 in the first session of As the country grew geographically, the number of Justices steadily increased to correspond with the growing number of judicial circuits. The court was expanded to seven members in 1807, nine in 1837 and ten in 1863. In 1866, however, Congress wished to deny President Andrew Johnson any Supreme Court appointments, and therefore passed the Judicial Circuits Act, which provided that the next three Justices to retire would not be replaced; thus, the size of the Court would eventually reach seven by attrition. Andrew Johnson (December 29 1808 – July 31 1875 was the seventeenth President of the United States (1865-69 succeeding to the Presidency upon the assassination The Judicial Circuits Act of 1866 (ch 210) reorganized the United States circuit courts and provided for the gradual elimination of several seats on the Supreme Consequently, one seat was removed in 1866 and a second in 1867. In the Circuit Judges Act of 1869, the number of Justices was again set at nine (the Chief Justice and eight Associate Justices), where it has remained ever since. The Judiciary Act of 1869 (16 Stat 44 also called the Circuit Judges Act of 1869, was a United States Statute that made two important reforms President Franklin D. Roosevelt attempted to expand the Court (see Judiciary Reorganization Bill of 1937); his plan would have allowed the President to appoint one new, additional justice for every justice who reached the age of seventy but did not retire from the bench, until the Court reached a maximum size of fifteen justices. The Judiciary Reorganization Bill of 1937, frequently called the Court-packing Bill, was a law proposed by United States President Franklin Roosevelt Ostensibly, this was to ease the burdens of the docket on the elderly judges, but it was widely believed that the President's actual purpose was to add Justices who would favor his New Deal policies, which had been regularly ruled unconstitutional by the Court. The New Deal was the name that United States President Franklin D This plan, referred to often as the Court Packing Plan, failed in Congress. The Judiciary Reorganization Bill of 1937, frequently called the Court-packing Bill, was a law proposed by United States President Franklin Roosevelt The Court, however, moved from its opposition to Roosevelt's New Deal programs, rendering the President's effort moot. “The switch in time that saved nine” was the name given by the press to the apparent sudden shift by Justice Owen J In any case, Roosevelt's long tenure in the White House allowed him to appoint eight Justices to the Supreme Court (second only to George Washington) and promote one Associate Justice to Chief Justice. George Washington (February 22 1732 December 14 1799 served as the first President of the United States of America (1789&ndash1797 and led the [7]
Nomination
Article II of the Constitution gives the President power to nominate justices, who are then appointed "by and with the Advice and Consent of the Senate. Article Two' of the United States Constitution creates the Executive branch of the government, comprising the President and other executive The President of the United States is the Head of state and Head of government of the United States and is the highest political official in United States by Advice and consent is an English phrase frequently used in enacting formulae of bills and in other legal or constitutional contexts describing a situation in The United States Senate is the Upper house of the bicameral United States Congress, the Lower house being the House of Representatives " As a general rule, Presidents nominate individuals who broadly share their ideological views. In many cases, a Justice's decisions may be contrary to what the nominating President anticipated. A famous instance was Chief Justice Earl Warren; President Eisenhower expected him to be a conservative judge, but his decisions are arguably among the most liberal in the Court's history. Earl Warren ( March 19, 1891 July 9, 1974) was the 14th Chief Justice of the United States and the only person ever elected thrice Dwight David "Ike" Eisenhower (October 14 1890 – March 28 1969 was President of the United States from 1953 until 1961 and a five-star general Eisenhower later called the appointment "the biggest damn fool mistake I ever made. "[8] Because the Constitution does not set forth any qualifications for service as a Justice, the President may nominate anyone to serve. However, that person must receive the confirmation of the Senate, meaning that a majority of that body must find that person to be a suitable candidate for a lifetime appointment on the nation's highest court.
Confirmation
In modern times, the confirmation process has attracted considerable attention from special-interest groups, many of which lobby senators to confirm or to reject a nominee, depending on whether the nominee's track record aligns with the group's views. The Senate Judiciary Committee conducts hearings, questioning nominees to determine their suitability. The United States Senate Committee on the Judiciary (informally Senate Judiciary Committee) is a Standing committee of the United States Senate, the At the close of confirmation hearings, the Committee votes on whether the nomination should go to the full Senate with a positive, negative or neutral report. The United States Senate is the Upper house of the bicameral United States Congress, the Lower house being the House of Representatives
The practice of the nominee being questioned in person by the Committee is relatively recent. The first nominee to testify before the Committee was Harlan Fiske Stone in 1925. Harlan Fiske Stone ( October 11 1872 – April 22 1946) was an American Lawyer and jurist. Some western senators were concerned with his links to Wall Street and expressed their opposition when Stone was nominated. Stone proposed what was then the novelty of appearing before the Judiciary Committee to answer questions; his testimony helped secure a confirmation vote with very little opposition. The second nominee to appear before the Committee was Felix Frankfurter, who only addressed (at the Committee's request) what he considered to be slanderous allegations against him. Felix Frankfurter ( November 15, 1882 – February 22, 1965) was an Associate Justice of the United States Supreme Court The modern practice of the Committee questioning nominees on their judicial views began with the nomination of John Marshall Harlan II in 1955; the nomination came shortly after the Court handed down the landmark Brown v. Board of Education decision, and several Southern senators attempted to block Harlan's confirmation, hence the decision to testify. John Marshall Harlan (May 20 1899 – December 29 1971 was an American jurist who served as an Associate Justice of the Supreme Court from 1955 to 1971 Brown v Board of Education of Topeka, 347 US 483 (1954 was a Landmark decision of the United States Supreme Court, which overturned earlier [9]
Once the committee reports out the nomination, the whole Senate considers it; a simple majority vote is required to confirm or to reject a nominee. Rejections are relatively uncommon; the Senate has explicitly rejected only twelve Supreme Court nominees in its history. List of Failed Nominations to the Supreme Court of the United States contains unsuccessful nominations to the court The most recent rejection of a nominee by vote of the full Senate came in 1987, when the Senate refused to confirm Robert Bork. Robert Heron Bork (born March 1, 1927) is a conservative American legal scholar who advocates the judicial philosophy of Originalism.
Not everyone nominated by the President has received a floor vote in the Senate. Although Senate rules do not necessarily allow a negative vote in committee to block a Supreme Court nomination, a nominee may be filibustered once debate on the nomination has begun in the full Senate. A filibuster indefinitely prolongs the debate thereby preventing a final vote on the nominee. A filibuster, or "talking out a bill", is a form of obstruction in a Legislature or other decision-making body While senators may attempt to filibuster a Supreme Court nominee in an attempt to thwart confirmation, no nomination for Associate Justice has ever been filibustered. A filibuster, or "talking out a bill", is a form of obstruction in a Legislature or other decision-making body However, President Lyndon Johnson's nomination of sitting Associate Justice Abe Fortas to succeed Earl Warren as Chief Justice was successfully filibustered in 1968. Abraham Fortas ( June 19, 1910 – April 5, 1982) was a US Supreme Court associate justice. Earl Warren ( March 19, 1891 July 9, 1974) was the 14th Chief Justice of the United States and the only person ever elected thrice
It is also possible for the President to withdraw a nominee's name at any time before the actual confirmation vote occurs. This usually happens when the President feels that the nominee has little chance of being confirmed: most recently, President George W. Bush withdrew his nomination of Harriet Miers before committee hearings had begun, citing concerns about Senate requests during her confirmation process for access to internal Executive Branch documents resulting from her position as White House Counsel. George Walker Bush ( born July 6 1946 is the forty-third and current President of the United States. Harriet Ellan Miers (born August 10 1945 is an American Lawyer and former White House Counsel. The White House Counsel is a staff appointee of the President of the United States. In 1987, President Ronald Reagan withdrew the nomination of Douglas H. Ginsburg because of allegations of marijuana use. Douglas Howard Ginsburg (born May 25, 1946) is a judge on the United States Court of Appeals for the District of Columbia Circuit.
Until 1981, the approval process of Justices was frequently quick. From the Truman through Nixon administrations, Justices were typically approved within one month. From the Reagan administration through the current administration of George W. Bush, however, the process took much longer. Some speculate this is because of the increasingly political role Justices are said to play. [10]
Recess appointments
When the Senate is in recess, the President may make a temporary appointment without the Senate's advice and consent. Such a recess appointee to the Supreme Court holds office only until the end of the next Senate session (at most, less than two years). A recess appointment occurs when the President of the United States fills a vacant federal position during a recess of the United States Senate. To continue to serve thereafter and be compensated for his or her service, the nominee must be confirmed by the Senate. Of the two Chief Justices and six Associate Justices who have received recess appointments, only Chief Justice John Rutledge was not subsequently confirmed for a full term. John Rutledge (September 17 1739 – July 23 1800 was an American statesman and judge No president since Dwight Eisenhower has made a recess appointment to the Supreme Court and the practice has become highly controversial even when applied to lower federal courts. Dwight David "Ike" Eisenhower (October 14 1890 – March 28 1969 was President of the United States from 1953 until 1961 and a five-star general
Tenure
The Constitution provides that Justices "shall hold their Offices during good Behavior" (unless appointed during a Senate recess). The term "good behavior" is interpreted to mean that the Justices may serve for the remainder of their lives, although this is not compulsory as they may resign or retire voluntarily. A Justice may also be removed by impeachment and conviction by congressional vote, but only one Justice has ever been impeached by the House (Samuel Chase, in 1805) and he was acquitted by the Senate, making impeachment as a restraint on the court something of a paper tiger. This article is about the signer of the Declaration of Independence Paper tiger is a literal English translation of the Chinese phrase zhǐ lǎohǔ ( meaning something which seems as threatening as a Moves to impeach sitting justices have occurred more recently (for example, William O. Douglas was the subject of hearings twice, once in 1953 and once in 1970), but they have not even reached a vote in the House. William Orville Douglas ( October 16, 1898 – January 19, 1980) was a United States Supreme Court Associate Justice.
Because Justices have indefinite tenure, it is impossible to predict when a vacancy will next occur. Sometimes vacancies arise in quick succession, as in the early 1970s when Lewis Powell and William H. Rehnquist were nominated to replace Hugo Black and John Marshall Harlan II, who retired within a week of each other because of health problems and died shortly thereafter. Lewis Franklin Powell Jr ( September 19, 1907 &ndash August 25, 1998) was an Associate Justice of the Supreme Court of the William Hubbs Rehnquist (October 1 1924 – September 3 2005 was an American lawyer, jurist, and a political figure who served as an Associate Justice Hugo LaFayette Black (February 27 1886&ndashSeptember 25 1971 was an American politician and jurist. John Marshall Harlan (May 20 1899 – December 29 1971 was an American jurist who served as an Associate Justice of the Supreme Court from 1955 to 1971 Sometimes a great length of time passes between nominations such as the eleven years between Stephen Breyer's nomination in 1994 and the departures of Chief Justice Rehnquist and Justice O'Connor (by death and retirement, respectively) in 2005. Stephen Gerald Breyer (born August 15 1938 is an American Attorney and Jurist. Sandra Day O'Connor (born March 26, 1930) is an American Jurist.
Despite the variability, all but four Presidents so far have been able to appoint at least one Justice. The exceptions are William Henry Harrison, Zachary Taylor, Andrew Johnson, and Jimmy Carter. This article is about the general and president For his great-great-grandson see William H Zachary Taylor (November 24 1784 &ndash July 9 1850 was an American military leader and the twelfth President of the United States. Andrew Johnson (December 29 1808 – July 31 1875 was the seventeenth President of the United States (1865-69 succeeding to the Presidency upon the assassination James Earl "Jimmy" Carter Jr (born October 1 1924 was the thirty-ninth President of the United States, serving from 1977 to 1981 and the recipient of the 2002 Harrison died a month after taking office, though his successor (John Tyler) made an appointment during that presidential term. John Tyler Jr (March 29 1790 January 18 1862 was the tenth President of the United States (1841-1845 and the first ever to obtain that office via succession Taylor likewise died early in his presidential term and an appointment was made before the term ended by Millard Fillmore. Millard Fillmore ( January 7 1800 &ndash March 8 1874 was the thirteenth President of the United States, serving from 1850 until 1853 and the last member of the Whig Johnson succeeded the assassinated Lincoln, and he was denied the opportunity to appoint a Justice by congressional action (see Size of the Court earlier in this article). Carter is the only president to serve a full term without the opportunity to appoint at least one Justice.
Criticism of nomination and appointment process
The process of nomination of Supreme Court Justices remains controversial in and of itself, and opposition to the current system because of beliefs of bias in appointments has existed since the creation of the Court. Historian Howard Zinn has claimed in his book A People's History of the United States that the justices cannot be independent, as the members are chosen by the president and ratified by the Senate. Howard Zinn (born August 24 1922 is an American Historian, political scientist, social critic, activist and Playwright, best known A People's History of the United States is a 1980 Nonfiction book by American Historian and Political scientist Howard Zinn Likewise, he says that they cannot be neutral between the rich and the poor, as they are almost always from the upper class. He points specifically to their handling of the Sherman Act, which favored monopolies while opposing labor strikes, as well as their use of the Fourteenth Amendment to protect corporations more so than African-Americans, as proof of this. The Sherman Antitrust Act ( Sherman Act, July 2, 1890, ch 647,) was the first United States Federal statute to limit Cartels and The Fourteenth Amendment ( Amendment XIV) to the United States Constitution is one of the post- Civil War Reconstruction Amendments, first [11]
Current membership
Below is a table of current active Supreme Court Justices, in order of seniority:
| Name | Born | Appt. by | Conf. vote | First day | Prior positions |
|---|---|---|---|---|---|
 | January 27, 1955 in Buffalo, New York | G.W. Bush | 78-22 | September 29, 2005 | Circuit Judge, Court of Appeals for the D.C. Circuit (2003–2005); Private practice (1993–2003); Professor, Georgetown University Law Center (1992–2005); Associate Counsel to the President (1982–1986); Principal Deputy Solicitor General (1989–1993); Private practice (1986–1989); Special Assistant to the Attorney General (1981–1982) |
 | April 20, 1920 in Illinois | Ford | 98-0 | December 19, 1975 | Circuit Judge, Court of Appeals for the Seventh Circuit (1970–1975); Private practice (1948–1970); Lecturer, University of Chicago Law School (1950–1954); Lecturer, Northwestern University School of Law (1954–1958) |
 | March 11, 1936 in New Jersey | Reagan | 98-0 | September 26, 1986 | Circuit Judge, Court of Appeals for the D.C. Circuit (1982–1986); Professor, University of Chicago Law School (1977–1982); Assistant Attorney General (1974–1977); Professor, University of Virginia School of Law (1967–1974) |
 | July 23, 1936 in California | Reagan | 97-0 | February 18, 1988 | Circuit Judge, Court of Appeals for the Ninth Circuit (1975–1988); Professor, McGeorge School of Law, University of the Pacific (1965–1988); Private practice (1963–1975) |
 | September 17, 1939 in Massachusetts | G.H.W. Bush | 90-9 | October 9, 1990 | Circuit Judge, Court of Appeals for the First Circuit (1990–1990); Associate Justice, New Hampshire Supreme Court (1983–1990); Associate Justice, New Hampshire Superior Court (1978–1983); Attorney General of New Hampshire (1976–1978); Deputy Attorney General of New Hampshire (1971–1976); Assistant Attorney General of New Hampshire (1968–1971); Private practice (1966–1968). John Glover Roberts Jr (born January 27 1955) is the seventeenth and current Chief Justice of the United States. The Chief Justice of the United States is the head of the judicial branch of the government of the United States, and presides over the U Events 98 - Trajan becomes Roman Emperor after the death of Nerva. Year 1955 ( MCMLV) was a Common year starting on Saturday (link displays the 1955 Gregorian calendar) Buffalo (ˈbʌfəloʊ is the second largest city in New York State. George Walker Bush ( born July 6 1946 is the forty-third and current President of the United States. Events 522 BC - Darius I of Persia kills the Magian usurper Gaumâta securing his hold as king of the Persian Empire. Year 2005 ( MMV) was a Common year starting on Saturday (link displays full calendar of the Gregorian calendar. The United States Court of Appeals for the District of Columbia Circuit, known informally as the D Georgetown University Law Center ( Georgetown Law) is Georgetown University 's Law school, located in Washington D The White House Counsel is a staff appointee of the President of the United States. The United States Solicitor General is the individual appointed to argue for the Government of the United States in front of the Supreme Court of the United States The United States Attorney General is the head of the United States Department of Justice (see) concerned with legal affairs and is the chief law enforcement John Paul Stevens (born April 20, 1920) is currently the most senior Associate Justice of the Supreme Court of the United States. Events 1303 - The University of Rome La Sapienza is instituted by Pope Boniface VIII. Year 1920 ( MCMXX) was a Leap year starting on Thursday (link will display 1920 of the Gregorian calendar The State of Illinois ( roughly ill-i-NOY is a state of the United States of America, the 21st to be admitted to the Union. Gerald Rudolph Ford Jr (July 14 1913 December 26 2006 was the thirty-eighth President of the United States, serving from 1974 to 1977 and the fortieth Vice President Events 324 - Licinius abdicates his position as Roman Emperor. Year 1975 ( MCMLXXV) was a Common year starting on Wednesday (link will display full calendar of the Gregorian calendar. The United States Court of Appeals for the Seventh Circuit is a federal court with Appellate jurisdiction over the courts in the following districts The University of Chicago Law School, having recently celebrated its centennial in the 2002-2003 school year has established itself as a high profile part of the University of The Northwestern University School of Law is a private American Law school in Chicago Illinois. (born March 11, 1936) is an American Jurist and the second most senior Associate Justice of the Supreme Court of the United States Events 1425 BC - Thutmose III, Pharaoh of Egypt, dies (according to the Low Chronology of the 18th Dynasty Year 1936 ( MCMXXXVI) was a Leap year starting on Wednesday (link will display the full calendar of the Gregorian calendar. New Jersey ( is a state in the Mid-Atlantic and Northeastern regions of the United States. Events 46 BC - Julius Caesar dedicates a Year 1986 ( MCMLXXXVI) was a Common year starting on Wednesday (link displays 1986 Gregorian calendar) The United States Court of Appeals for the District of Columbia Circuit, known informally as the D The University of Chicago Law School, having recently celebrated its centennial in the 2002-2003 school year has established itself as a high profile part of the University of Many of the divisions and offices of the United States Department of Justice are headed by an Assistant Attorney General. The University of Virginia School of Law (Virginia Law was founded in Charlottesville in 1819 by Thomas Jefferson as one of the original subjects taught at his Anthony McLeod Kennedy (born July 23, 1936) has been an Associate Justice of the U Events 1632 - Three hundred colonists bound for New France depart from Dieppe France. Year 1936 ( MCMXXXVI) was a Leap year starting on Wednesday (link will display the full calendar of the Gregorian calendar. California ( is a US state on the West Coast of the United States, along the Pacific Ocean. Events 3102 BC - Epoch (origin of the Kali Yuga. 1229 - The Sixth Crusade: Frederick II Holy Year 1988 ( MCMLXXXVIII) was a Leap year starting on Friday (link displays 1988 Gregorian calendar) The US Court of Appeals for the Ninth Circuit is a federal court with Appellate jurisdiction over the district courts in the following districts McGeorge School of Law is a private ABA -accredited law school in the Oak Park neighborhood of the city of Sacramento, California, commonly known The University of the Pacific is a private university in Stockton California, originally affiliated with the United Methodist Church. For the Australian artist see David Henry Souter. David Hackett Souter (ˈsutɚ born September 17, 1939) has been an Events 1176 - The Battle of Myriokephalon is fought 1462 - The Battle of Świecino (or Battle of Żarnowiec Year 1939 ( MCMXXXIX) was a Common year starting on Sunday (link will display the full calendar of the Gregorian calendar. The Commonwealth of Massachusetts ( is a state located in the New England region of the northeastern United States. George Herbert Walker Bush (born June 12 1924 served as the forty-first President of the United States from 1989 to 1993 Events 768 - Carloman I and Charlemagne are crowned Kings of The Franks. Year 1990 ( MCMXC) was a Common year starting on Monday (link displays the 1990 Gregorian calendar) The United States Court of Appeals for the First Circuit is a federal court with Appellate jurisdiction over the district courts in the following districts The New Hampshire Supreme Court is the supreme court of the U The New Hampshire Superior Court is the statewide court of general Jurisdiction which provides Jury trials in The State of New Hampshire Department of Justice ( NHDOJ) is a government agency of the U The State of New Hampshire Department of Justice ( NHDOJ) is a government agency of the U The State of New Hampshire Department of Justice ( NHDOJ) is a government agency of the U |
 | June 23, 1948 in Georgia | G.H.W. Bush | 52-48 | October 23, 1991 | Circuit Judge, Court of Appeals for the D.C. Circuit (1990–1991); Chairman, Equal Employment Opportunity Commission (1982–1990); Legislative Assistant for Missouri Senator John Danforth (1979–1981); employed by Monsanto Inc. Clarence Thomas (born June 23, 1948) is an American Jurist. He has been serving as an Associate Justice of the Supreme Court of the United Events 1180 - First Battle of Uji, starting the Genpei War in Japan 1305 - The Flemish Year 1948 ( MCMXLVIII) was a Leap year starting on Thursday (link will display the 1948 calendar of the Gregorian calendar. The State of Georgia ( is a state in the United States and was one of the original Thirteen Colonies that revolted against British rule George Herbert Walker Bush (born June 12 1924 served as the forty-first President of the United States from 1989 to 1993 Events 4004 BC - Creation of the world begins according to the calculations of Archbishop James Ussher 42 BC - Year 1991 ( MCMXCI) was a Common year starting on Tuesday (link will display full calendar of the Gregorian Calendar. The United States Court of Appeals for the District of Columbia Circuit, known informally as the D The US Equal Employment Opportunity Commission (EEOC is a federal agency charged with ending employment discrimination Missouri ( or) is a state in the Midwestern region of the United States bordered by Iowa, Illinois, Kentucky, Tennessee The United States Senate is the Upper house of the bicameral United States Congress, the Lower house being the House of Representatives John Claggett "Jack" Danforth (born September 5, 1936) is a former United States Ambassador to the United Nations and former Republican The Monsanto Company ( is a multinational Agricultural biotechnology Corporation. (1977– 1979); Assistant Attorney General of Missouri under State Attorney General John Danforth (1974–1977) |
 | March 15, 1933 in New York | Clinton | 97-3 | August 10, 1993 | Circuit Judge, Court of Appeals for the D.C. Circuit (1980–1993); General Counsel, American Civil Liberties Union (1973–1980); Professor, Columbia Law School (1972–1980); Professor, Rutgers University School of Law (1963–1972) |
 | August 15, 1938 in California | Clinton | 87-9 | August 3, 1994 | Chief Judge, Court of Appeals for the First Circuit (1990–1994); Circuit Judge, Court of Appeals for the First Circuit (1980–1990); Professor, Harvard Law School (1967–1980) |
 | April 1, 1950 in New Jersey | G.W. Bush | 58-42 | January 31, 2006 | Circuit Judge, Court of Appeals for the Third Circuit (1990–2006); Professor, Seton Hall University School of Law (1999–2004); U.S. Attorney for the District of New Jersey (1987–1990); Deputy Assistant Attorney General (1985–1987); Assistant to the Solicitor General (1981–1985); Assistant U.S. Attorney for the District of New Jersey (1977–1981) |
As of 2008, the average age of the U. In most Common law jurisdictions the Attorney General, or Attorney-General, is the main legal advisor to the government and in some jurisdictions may in addition Missouri ( or) is a state in the Midwestern region of the United States bordered by Iowa, Illinois, Kentucky, Tennessee The state attorney general in the United States is an executive office in all 50 State governments. John Claggett "Jack" Danforth (born September 5, 1936) is a former United States Ambassador to the United Nations and former Republican Ruth Joan Bader Ginsburg (born March 15 1933 Brooklyn New York) is an Associate Justice on the U Events 44 BC - Julius Caesar, Dictator of the Roman Republic, is stabbed to death by Marcus Junius Brutus, Year 1933 ( MCMXXXIII) was a Common year starting on Sunday (link will display full calendar of the Gregorian calendar. New York ( is a state in the Mid-Atlantic and Northeastern regions of the United States and is the nation's third most populous William Jefferson "Bill" Clinton (born William Jefferson Blythe III, August 19 1946 served as the forty-second President of the United States Events 612 BC - Killing of Sinsharishkun, King of Assyrian Empire Year 1993 ( MCMXCIII) was a Common year starting on Friday (link will display full 1993 Gregorian calendar) The United States Court of Appeals for the District of Columbia Circuit, known informally as the D The American Civil Liberties Union ( ACLU) consists of two separate Non-profit organizations the ACLU Foundation a 501(c(3 organization which focuses Columbia Law School, located in New York City, is one of the professional schools of Columbia University, a member of the Ivy League. Rutgers The State University of New Jersey (also known as Rutgers University) is the largest institution for higher education in the state of New Jersey Stephen Gerald Breyer (born August 15 1938 is an American Attorney and Jurist. Events 778 - The Battle of Roncevaux Pass, at which Roland is killed Year 1938 ( MCMXXXVIII) was a Common year starting on Saturday (link will display the full calendar of the Gregorian calendar. California ( is a US state on the West Coast of the United States, along the Pacific Ocean. William Jefferson "Bill" Clinton (born William Jefferson Blythe III, August 19 1946 served as the forty-second President of the United States Events 8 - Roman Empire General Tiberius defeats Dalmatians on the river Bathinus. Year 1994 ( MCMXCIV) was a Common year starting on Saturday (link will display full 1994 Gregorian calendar) The United States Court of Appeals for the First Circuit is a federal court with Appellate jurisdiction over the district courts in the following districts The United States Court of Appeals for the First Circuit is a federal court with Appellate jurisdiction over the district courts in the following districts Harvard Law School (also known as Harvard Law or HLS) is one of the professional Graduate schools of Harvard University. Samuel Anthony Alito Jr (born April 1, 1950) is an Associate Justice of the Supreme Court of the United States. Events 527 - Byzantine Emperor Justin I names his nephew Justinian I as co-ruler and successor to the throne Year 1950 ( MCML) was a Common year starting on Sunday (link will display the full calendar of the Gregorian calendar. New Jersey ( is a state in the Mid-Atlantic and Northeastern regions of the United States. George Walker Bush ( born July 6 1946 is the forty-third and current President of the United States. Events 1504 - France cedes Naples to Aragon. 1606 - Gunpowder Plot: Guy Fawkes Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. The United States Court of Appeals for the Third Circuit is a federal court with Appellate jurisdiction over the district courts for the following The Seton Hall University School of Law (also known as Seton Hall Law) is part of Seton Hall University, and is located in downtown Newark. United States Attorneys (also known as federal prosecutors) represent the United States federal government in United States district court and Many of the divisions and offices of the United States Department of Justice are headed by an Assistant Attorney General. The United States Solicitor General is the individual appointed to argue for the Government of the United States in front of the Supreme Court of the United States United States Attorneys (also known as federal prosecutors) represent the United States federal government in United States district court and S. Supreme Court justices is 68 years. See also Demographics of the Supreme Court of the United States. The Demographics of the Supreme Court of the United States have been raised as an issue since the Court was established in 1789
Retired justices
Research suggests that justices sometimes strategically plan their decisions to leave the bench, with personal, institutional, and partisan factors playing a role. [12] The fear of mental decline and death often motivates justices to step down. The desire to maximize the Court's strength and legitimacy through one retirement at a time, when the Court is in recess, and during non-presidential election years suggests a concern for institutional health. Finally, if at all possible, justices seek to depart under favorable presidents and Senates to ensure that a like-minded successor will be appointed.
Currently, there is only one retired Justice of the Supreme Court, Sandra Day O'Connor, who announced her intent to retire in 2005 and was replaced by Samuel Alito in 2006. Sandra Day O'Connor (born March 26, 1930) is an American Jurist. Samuel Anthony Alito Jr (born April 1, 1950) is an Associate Justice of the Supreme Court of the United States. As a retired Justice, Justice O'Connor may be, and has been, designated for temporary assignments to sit with several United States Courts of Appeals. The United States courts of appeals (or circuit courts) are the intermediate appellate courts Nominally, such assignments are made by the Chief Justice; they are analogous to the types of assignments that may be given to judges of lower courts who have elected senior status, except that a retired Supreme Court Justice never sits as a member of the Supreme Court itself. The Chief Justice of the United States is the head of the judicial branch of the government of the United States, and presides over the U Senior status is a form of semi-retirement for Judges of United States federal courts After federal judges have reached a certain combination of age and years of federal
Below is a table of current retired justices:
| Name | Born | Appt. by | Conf. vote | First day | Senior Status |
|---|---|---|---|---|---|
 | March 26, 1930 in Arizona | Reagan | 99-0 | September 25, 1981 | January 31, 2006 |
Seniority and seating
During Court sessions, the Justices sit according to seniority, with the Chief Justice in the center, and the Associate Justices on alternating sides, with the most senior Associate Justice on the Chief Justice's immediate right, and the most junior Associate Justice seated on the left farthest away from the Chief Justice. Sandra Day O'Connor (born March 26, 1930) is an American Jurist. Events 1026 - Pope John XIX crowns Conrad II as Holy Roman Emperor. Year 1930 ( MCMXXX) was a Common year starting on Wednesday (link will display 1930 calendar of the Gregorian calendar. The State of Arizona ( is a state located in the southwestern region of the United States. Events 303 - On a voyage preaching the Gospel, Saint Fermin of Pamplona is beheaded in Amiens, France Year 1981 ( MCMLXXXI) was a Common year starting on Thursday (link displays the 1981 Events 1504 - France cedes Naples to Aragon. 1606 - Gunpowder Plot: Guy Fawkes Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. Therefore, the current court sits as follows from left to right when looking at the bench from the perspective of a lawyer arguing before the Court: Breyer, Thomas, Kennedy, Stevens (most senior Associate Justice), Roberts (Chief Justice), Scalia, Souter, Ginsburg and Alito (most junior Associate Justice).
In the Justices' private conferences, the current practice is for Justices to speak and vote in order of seniority from the Chief Justice first to the most junior Associate Justice last. The most junior Associate Justice in these conferences is tasked with any menial labor the Justices may require as they convene alone, generally limited to answering the door of their conference room and serving coffee. CoFFEE is an Open source Software for computer supported collaborative learning (CSCL in a digital classroom In addition, it is the duty of the most junior Associate Justice to transmit the orders of the court after each private conference to the court's clerk. Justice Joseph Story served the longest as the junior Justice, from February 3, 1812, to September 1, 1823, for a total of 4,228 days. Joseph Story ( September 18, 1779 &ndash September 10, 1845) was an American Lawyer and Jurist who served on Events 1112 - Ramon Berenguer III of Barcelona and Douce I of Provence marry uniting the fortunes of those two states Year 1812 ( MDCCCXII) a leap year started on Wednesday (link will display the full calendar of the Gregorian calendar (or a Leap year Events 462 - Possible start of first Byzantine indiction cycle. Year 1823 ( MDCCCXXIII) was a Common year starting on Wednesday (link will display the full calendar of the Gregorian Calendar (or a Common Justice Stephen Breyer follows close behind, falling just 29 days shy of Justice Story's record when Justice Samuel Alito joined the court on January 31, 2006. Stephen Gerald Breyer (born August 15 1938 is an American Attorney and Jurist. Samuel Anthony Alito Jr (born April 1, 1950) is an Associate Justice of the Supreme Court of the United States. Events 1504 - France cedes Naples to Aragon. 1606 - Gunpowder Plot: Guy Fawkes Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. [13]
Salary
Associate justices of the Supreme Court are paid $208,100 per year as of 2008, and the chief justice receives $217,400 per year. [14]
Political leanings
While justices do not represent or receive official endorsements from political parties, as is accepted practice in the legislative and executive branches, jurists are informally categorized in legal and political circles as being judicial conservatives, moderates, or liberals. Judicial philosophy is the set of ideas and beliefs which dictate how Justices and judges of the United States federal courts may rule in many cases Judicial philosophy is the set of ideas and beliefs which dictate how Justices and judges of the United States federal courts may rule in many cases Judicial philosophy is the set of ideas and beliefs which dictate how Justices and judges of the United States federal courts may rule in many cases Such leanings, however, refer to legal outlook rather than a political or legislative one.
Seven of the current justices of the court were appointed by Republican presidents, while two were appointed by a Democratic president. It is popularly accepted that Chief Justice Roberts and Justices Scalia, Thomas, and Alito compose the Court's conservative wing. Judicial philosophy is the set of ideas and beliefs which dictate how Justices and judges of the United States federal courts may rule in many cases Justices Stevens, Souter, Ginsburg and Breyer are generally thought of as the Court's liberal wing. Judicial philosophy is the set of ideas and beliefs which dictate how Justices and judges of the United States federal courts may rule in many cases [15] Justice Kennedy, generally thought of as a conservative leaning moderate, is considered most likely to be the swing vote that determines the outcome of certain close cases. Anthony McLeod Kennedy (born July 23, 1936) has been an Associate Justice of the U Judicial philosophy is the set of ideas and beliefs which dictate how Justices and judges of the United States federal courts may rule in many cases [16]
Quarters
The Supreme Court first met on February 1, 1790, at the Merchants' Exchange Building in New York City, which then was the national capital. The Supreme Court building is the seat of the Supreme Court of the United States. Events 1327 - Teenaged Edward III is crowned King of England, but the country is ruled by his mother Queen Year 1790 ( MDCCXC) was a Common year starting on Friday (link will display the full calendar of the Gregorian calendar (or a Common year Built between 1832 and 1834 the Merchants' Exchange Building, also known as the Philadelphia Exchange is located on the triangular site bounded by Dock Street Third Street and Walnut Philadelphia became the capital city later in 1790, and the Court followed Congress and the President there, meeting briefly in Independence Hall, and then from 1791 to 1800 at Old City Hall at 5th and Chestnut Streets. Independence After Washington, D. C. , became the capital in 1800, the Court occupied various spaces in the United States Capitol building until 1935, when it moved into its own purpose-built home at One First Street Northeast, Washington, DC. The four-story building was designed in a classical style sympathetic to the surrounding buildings of the Capitol complex and Library of Congress by architect Cass Gilbert, and is clad in marble quarried chiefly in Vermont. The Library of Congress is the De facto National library of the United States and the research arm of the United States Congress Cass Gilbert ( November 29, 1859 &ndash May 17, 1934) was a pioneering American Architect. The building includes space for the Courtroom, Justices' chambers, an extensive law library, various meeting spaces, and auxiliary services such as workshop, stores, cafeteria and a gymnasium. A law library is a Library designed to assist Law students Attorneys Judges and their Law clerks in finding the legal resources necessary InfosysElectronicCityCafeteriaJPG|thumb|250px|right|One of a number of cafeterias at Electronic City campus Infosys Technologies Ltd The word γυμνάσιον (gymnasion was used in Ancient Greece, meaning a locality for both physical and intellectual Education of young men (see Gymnasium The Supreme Court building is within the ambit of the Architect of the Capitol, but maintains its own police force, the Supreme Court Police, separate from the Capitol Police. The Architect of the Capitol ( AOC) is the agency responsible for the maintenance operation development and preservation of the United States Capitol Complex The Supreme Court of the United States Police is a small federal law enforcement agency headquartered in the District of Columbia, whose mission is to ensure The United States Capitol Police ( USCP) is a Police force charged with protecting the United States Congress within the District of Columbia
Jurisdiction
Section 2 of Article Three of the United States Constitution outlines the jurisdiction of the federal courts of the United States:
| “ | 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; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects. Article Three of the United States Constitution establishes the Judicial branch of the federal government. | ” |
The jurisdiction of the federal courts was further limited by the Eleventh Amendment, which forbade the federal courts from hearing cases "commenced or prosecuted against [a State] by Citizens of another State, or by Citizens or Subjects of any Foreign State. The Eleventh Amendment ( Amendment XI) of the United States Constitution was passed by the U " However, states may waive this immunity, and Congress may abrogate the states' immunity in certain circumstances (see Sovereign immunity). Sovereign immunity, or crown immunity, is a type of immunity that in Common law Jurisdictions traces its origins from early English law In addition to constitutional constraints, Congress is authorized by Article III to "Regulat[e]" the court's jurisdiction: for example, the federal courts may consider "Controversies . . . between Citizens of different states only if the amount in controversy exceeds $75,000; otherwise, the case may only be brought in state courts. Amount in controversy (sometimes called jurisdictional amount) is a term used in United States Civil procedure to denote a requirement that persons seeking
- Further information: diversity jurisdiction
Exercise of this power (for example, the Detainee Treatment Act, which provided that "'no court, justice, or judge' shall have jurisdiction to consider the habeas application of a Guantanamo Bay detainee"[17]) can become controversial; see Jurisdiction stripping
The Constitution specifies that the Supreme Court may exercise original jurisdiction in cases affecting ambassadors and other diplomats, and in cases in which a state is a party. In United States law, diversity jurisdiction is a concept used in Civil procedure to refer to the situation in which a U Jurisdiction stripping refers to the practice of defining the jurisdiction of the United States federal judiciary as to eliminate its ability to hear certain classes of claims In all other cases, however, the Supreme Court has only appellate jurisdiction. The Supreme Court considers cases based on its original jurisdiction very rarely; almost all cases are brought to the Supreme Court on appeal. In practice, the only original jurisdiction cases heard by the Court are disputes between two or more states.
The power of the Supreme Court to consider appeals from state courts, rather than just federal courts, was created by the Judiciary Act of 1789 and upheld early in the Court's history, by its rulings in Martin v. Hunter's Lessee (1816) and Cohens v. Virginia (1821). The United States Judiciary Act of 1789 (1 Stat 73 was a landmark Statute adopted on September 24, 1789 in the first session of Martin v Hunter's Lessee,, was a landmark United States Supreme Court case decided on March 20, 1816. Cohens v Virginia,, was a United States Supreme Court decision most noted for the Marshall Court's assertion of its power to review state supreme court The Supreme Court is the only federal court that has jurisdiction over direct appeals from state court decisions, although there are a variety of devices that permit so-called "collateral review" of state cases.
Because, under Article III, federal courts may only entertain "cases" or "controversies", the Court avoids deciding cases that are moot and does not render advisory opinions, as the supreme courts of some states may do. Article Three of the United States Constitution establishes the Judicial branch of the federal government. For example, in DeFunis v. Odegaard, , the Court dismissed a lawsuit challenging the constitutionality of a law school affirmative action policy because the plaintiff student had graduated since he began the lawsuit, and a decision from the Court on his claim would not be able to redress any injury he had suffered. DeFunis v Odegaard, 416 US 312 ( 1974) was a United States Supreme Court case that was determined to be moot, and therefore could The mootness exception is not absolute; if an issue is "capable of repetition yet evading review", the Court will address it even though the party before the Court would not himself be made whole by a favorable result. In Roe v. Wade, , and other abortion cases, the Court addresses the merits of claims pressed by pregnant women seeking abortions even if they are no longer pregnant because it takes longer to appeal a case through the lower courts to the Supreme Court than the typical human gestation period. Roe v Wade, 410 US 113 (1973 is a controversial United States Supreme Court case that resulted in a Landmark decision regarding
Justices as Circuit Justices
The United States is divided into thirteen circuit courts of appeals, each of which is assigned a "Circuit Justice" from the Supreme Court. The United States courts of appeals (or circuit courts) are the intermediate appellate courts Although this concept has been in continuous existence throughout the history of the republic, its meaning has changed through time.
Under the Judiciary Act of 1789, each Justice was required to "ride circuit," or to travel within the assigned circuit and consider cases alongside local judges. The United States Judiciary Act of 1789 (1 Stat 73 was a landmark Statute adopted on September 24, 1789 in the first session of This practice encountered opposition from many Justices, who complained about the difficulty of travel. Moreover, several individuals opposed it on the grounds that a Justice could not be expected to be impartial in an appeal if he had previously decided the same case while riding circuit. Circuit riding was abolished in 1891. Today, the duties of a "Circuit Justice" are generally limited to receiving and deciding requests for stays in cases coming from the circuit or circuits to which the Justice is assigned, and other clerical tasks such as addressing certain requests for extensions of time. A Circuit Justice may (but in practice almost never does) sit as a judge of that circuit; when he or she does, however, a Circuit Justice has seniority over the Chief Judge of that circuit.
The Chief Justice is traditionally assigned to the District of Columbia Circuit, the Federal Circuit and the Fourth Circuit, which includes Maryland and Virginia, the states surrounding the District of Columbia. Each Associate Justice is assigned to one or two judicial circuits.
After Justice Alito's appointment, circuits were assigned as follows[18]
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The circuit assignments frequently, but do not always and need not, reflect the geographic regions where the assigned Justices served as judges or practitioners before joining the Supreme Court. Four of the current Justices are assigned to circuits on which they once sat as circuit judges: Chief Justice Roberts (D. C. Circuit), Justice Souter (First Circuit), Justice Stevens (Seventh Circuit), and Justice Kennedy (Ninth Circuit). Furthermore, Justices Thomas and Ginsburg are assigned to the circuits that include their home states (the Eleventh and Second Circuits, respectively).
How a case moves through the Court
The vast majority of cases come before the Court by way of petitions for writs of certiorari, commonly referred to as "cert". The Supreme Court of the United States is the only Court specifically established by the Constitution of the United States, implemented in 1789 Certiorari (ˌsɚʃioʊ('rɛri 'rɑri is a legal term in Roman, English, Philippine and American law referring to a type of Writ The Court may review any case in the federal courts of appeals "by writ of certiorari granted upon the petition of any party to any civil or criminal case". [19] The Court may only review "final judgments rendered by the highest court of a state in which a decision could be had" if those judgments involve a question of federal statutory or constitutional law. [20] The party that lost in the lower court is called the petitioner, and the party that prevailed is called the respondent. All case names before the Court are styled Petitioner v. Respondent, regardless of which party initiated the lawsuit in the trial court. For example, criminal prosecutions are brought in the name of the state and against an individual, as in State of Arizona v. Ernesto Miranda. If the defendant is convicted, and his conviction then is affirmed on appeal in the state supreme court, when he petitions for cert the name of the case becomes Miranda v. Arizona. Miranda v Arizona (consolidated with Westover v United States, Vignera v
The common shorthand name for cases is typically the first party (the appellant). For example, Brown v. Board of Education is referred to simply as Brown, and Roe v. Wade as Roe. Brown v Board of Education of Topeka, 347 US 483 (1954 was a Landmark decision of the United States Supreme Court, which overturned earlier Roe v Wade, 410 US 113 (1973 is a controversial United States Supreme Court case that resulted in a Landmark decision regarding The exception to this rule is when the name of a state, or the United States, or some government entity, is the first listed party. In that instance, the name of the second party is the shorthand name. For example, Iowa v. Tovar is referred to simply as Tovar, and Gonzales v. Raich is referred to simply as Raich, because the first party, Alberto Gonzales, was sued in his official capacity as the United States Attorney General. Gonzales v Raich (previously Ashcroft v Raich) 545 US 1 (2005 was a case in which the United States Supreme Court ruled on Alberto R Gonzales (born August 4 1955) was the 80th Attorney General of the United States. An official is someone who holds an office (function or mandate, regardless whether it carries an actual working space with it in an Organisation or The United States Attorney General is the head of the United States Department of Justice (see) concerned with legal affairs and is the chief law enforcement
A cert petition is voted on at a session of the Court called a conference. A conference is a private meeting of the nine Justices by themselves; the public is not permitted to attend, and neither are the Justices' law clerks. If four Justices vote to grant the petition, then the case proceeds to the briefing stage; otherwise, the case ends. Except in death penalty cases and other cases in which the Court orders briefing from the respondent, the respondent may, but is not required to, file a response to the cert petition.
The Court grants a petition for certiorari only for "compelling reasons," spelled out in the court's Rule 10. Such reasons include, without limitation:
- to resolve a conflict in the interpretation of a federal law or a provision of the federal constitution
- to correct an egregious departure from the accepted and usual course of judicial proceedings
- to resolve an important question of federal law, or to expressly review a decision of a lower court that conflicts directly with a previous decision of the Court.
When a conflict of interpretations arises from differing interpretations of the same law or constitutional provision issued by different federal circuit courts of appeals, lawyers call this situation a "circuit split". If the Court votes to deny a cert petition, as it does in the vast majority of such petitions that come before it, it does so typically without comment. A denial of a cert petition is not a judgment on the merits of a case, and the decision of the lower court stands as the final ruling in the case. On the merits refers to a legal decision based on the facts in Evidence and the law pertaining to those facts because the judge considers technical and procedural defenses to
To manage the high volume of cert petitions received by the Court each year (of the more than 7,000 petitions the Court receives each year, it will usually request briefing and hear oral argument in 100 or fewer), the Court employs an internal case management tool known as the "cert pool. The Cert pool is a mechanism by which the Supreme Court of the United States manages the influx of petitions for Certiorari to the Court " Currently, all justices except for Justice Stevens participate in the cert pool. [21][22]
When the Court grants a cert petition, the case is set for oral argument. At this point, both parties file briefs on the merits of the case, as distinct from reasons the parties may urge for granting or denying the cert petition. With the consent of the parties or approval of the Court, amici curiae may also file briefs. Amicus curiae or amicus curiæ (plural amici curiae) is a Legal Latin phrase literally translated as "friend of the court" The Court holds two-week oral argument sessions each month from October through April. Each side has half an hour to present its argument, and during that time the Justices can and do interrupt the advocate and ask questions of their own. The petitioner goes first, and may reserve some time to rebut the respondent's arguments after the respondent has concluded. Amici curiae may also present oral argument on behalf of one party if that party agrees. The Court advises counsel to assume that the Justices are familiar with and have read the briefs filed in a case.
At the conclusion of oral argument, the case is submitted for decision. Cases are decided by majority vote of the Justices. It is the Court's practice to issue decisions in all cases argued in a particular Term by the end of that Term. Within that Term, however, the Court is under no obligation to release a decision within any set time after oral argument. At the conclusion of oral argument, the Justices retire to another conference at which the preliminary votes are tallied, and the most senior Justice in the majority assigns the initial draft of the Court's opinion to a Justice on his or her side. Drafts of the Court's opinion, as well as any concurring or dissenting opinions, circulate among the Justices until the Court is prepared to announce the judgment in a particular case.
It is possible that, through recusals or vacancies, the Court divides evenly on a case. If that occurs, then the decision of the court below is affirmed, but does not establish binding precedent. In effect, it results in a return to the status quo ante. For a case to be heard, there must be a quorum of at least six justices. [23] If, because of recusals and vacancies, there is no quorum to hear a case and a majority of qualified justices believes that the case cannot be heard and determined in the next term, then the judgment of the court below is affirmed as if the Court had been evenly divided. For cases brought directly to the Supreme Court by direct appeal from a United States District Court, the Chief Justice may order the case remanded to the appropriate U. S. Court of Appeals for a final decision there. [23]
The Court's opinions are published in three stages. First, a slip opinion is made available on the Court's web site and through other outlets. Next, a number of opinions are bound together in paperback form, called a preliminary print of United States Reports, the official series of books in which the final version of the Court's opinions appears. The United States Reports are the official record of the rulings orders case tables and other proceeding of the Supreme Court of the United States. About a year after the preliminary prints are issued, a final bound volume of U. S. Reports is issued. The individual volumes of U. S. Reports are numbered so that may cite this set of reporters -- or a competing version published by another commercial legal publisher -- to allow those who read their pleadings and other briefs to find the cases quickly and easily.
At present there are 545 volumes of U. S. Reports. Lawyers use an abbreviated format to cite cases, in the form xxx U. S. xxx (yyyy). The number before the "U. S. " refers to the volume number, and the number after the U. S. refers to the page within that volume. The number in parentheses is the year in which the case was decided. For instance, if a lawyer wanted to cite Roe v. Wade, decided in 1973, and which appears on page 113 of volume 410 of U. Roe v Wade, 410 US 113 (1973 is a controversial United States Supreme Court case that resulted in a Landmark decision regarding S. Reports, he would write 410 U. S. 113 (1973).
Checks and balances
The Constitution does not explicitly grant the Supreme Court the power of judicial review; nevertheless, the power of the Supreme Court to overturn laws and executive actions it deems unlawful or unconstitutional is a well-established precedent. Judicial review is the power of the courts to annul the acts of the executive and/or the legislative power where it finds them incompatible with a higher norm Many of the Founding Fathers accepted the notion of judicial review; in Federalist No. 78, Alexander Hamilton writes: "A constitution is, in fact, and must be regarded by the judges, as a fundamental law. Federalist No 78 is an Essay by Alexander Hamilton, the seventy-eighth of the Federalist Papers. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statute. " The Supreme Court first established its power to declare laws unconstitutional in Marbury v. Madison (1803), consummating the system of checks and balances. Marbury v Madison, is a Landmark case in United States law. It formed the basis for the exercise of Judicial review in the United States under Separation of powers, a term ascribed to French Enlightenment Political philosopher Baron de Montesquieu, is a model for the Governance
The Supreme Court cannot directly enforce its rulings; instead, it relies on respect for the Constitution and for the law for adherence to its judgments. One notable instance of nonacquiescence came in 1832, when the state of Georgia ignored the Supreme Court's decision in Worcester v. Georgia. Acquiescence is the term used to describe an act of a person in knowingly standing by without raising any objection to infringement of his rights when someone else is unknowingly The State of Georgia ( is a state in the United States and was one of the original Thirteen Colonies that revolted against British rule Worcester v Georgia, 31 US (6 Pet 515 ( 1832) was a case in which the United States Supreme Court held that Cherokee Native Americans President Andrew Jackson, who sided with the Georgia courts, is supposed to have remarked, "John Marshall has made his decision; now let him enforce it!";[24] however, this quotation is likely apocryphal. Andrew Jackson (March 15 1767 June 8 1845 was the seventh President of the United States (1829&ndash1837 John Marshall (September 24 1755 – July 6 1835 was an American statesman and jurist who shaped American constitutional law and made the Supreme Court a center of power State militia in the South also resisted the desegregation of public schools after the 1954 judgment Brown v. Board of Education. Brown v Board of Education of Topeka, 347 US 483 (1954 was a Landmark decision of the United States Supreme Court, which overturned earlier More recently, many feared that President Richard Nixon would refuse to comply with the Court's order in United States v. Nixon (1974) to surrender the Watergate tapes. This is about the 1974 case on the powers of President Richard Nixon The Watergate tapes, also known as the Nixon tapes are a collection of recordings of conversations between U Nixon, however, ultimately complied with the Supreme Court's ruling.
The Constitution provides that the salary of a Justice may not be diminished during his or her continuance in office. This clause was intended to prevent Congress from punishing Justices for their decisions by reducing their emoluments. Together with the provision that Justices hold office for good behavior, this clause helps guarantee judicial independence. Judicial independence is the doctrine that decisions of the Judiciary should be impartial and not subject to influence from the other branches of government or from private or
Competing criticisms for partisanship and judicial activism
Judicial activism is the charge that judges are going beyond their powers and are making (instead of interpreting) the law. Judicial activism is a pejorative term for the misuse of judicial power and is a neologism for the older classical term " board judicial review. It is the antithesis of judicial restraint. Judicial restraint is a theory of Judicial interpretation that encourages Judges to limit the exercise of their own power Judicial activism is not restricted to any particular ideological or political point of view. American history has included periods in which the Supreme Court was accused of conservative judicial activism, and also of liberal activism. [25]
Zinn presents the idea that the overall history of the Court, especially during the period between the Civil War and the Great Depression, should be viewed as one of mostly conservative activism in the defense of property rights. Causes of the war See also Origins of the American Civil War, Timeline of events leading to the American Civil War The coexistence of a slave-owning South Conservatism is a term used to describe political philosophies that favour Tradition, where tradition refers to various religious cultural or nationally defined The best known example of conservative judicial activism is Lochner v. New York in 1905, a case that invalidated a New York law regulating the hours bakers could work as a violation of liberty of contract, a part of the doctrine of Substantive due process under the Fourteenth Amendment. Lochner v New York, 198 US 45 (1905 was a landmark United States Supreme Court case that held the " Right to free contract " was Freedom of contract or contractualism is the idea that individuals should be free to bargain among themselves the terms of their own contracts without government interference Due process (more fully due process of law) is the principle that a person has a right to receive notice and be heard in an orderly proceeding in order to protect his or her The Fourteenth Amendment ( Amendment XIV) to the United States Constitution is one of the post- Civil War Reconstruction Amendments, first [25] This decision elevated the concept of "liberty of contract" to a dogmatic stance of the Court for over thirty years. Freedom of contract or contractualism is the idea that individuals should be free to bargain among themselves the terms of their own contracts without government interference
On the other hand, starting primarily with the Supreme Court's 1961 decision in Mapp v. Ohio, which established the exclusionary rule in state criminal proceedings, many conservatives have portrayed the Supreme Court as a haven for liberal judicial activism. Mapp v Ohio, 367 US 643 ( 1961) was a landmark case in Criminal procedure, in which the United States Supreme Court decided that The exclusionary rule is a legal principle in the United States, under constitutional law, that holds that evidence collected or analyzed in violation of Judicial activism is a pejorative term for the misuse of judicial power and is a neologism for the older classical term " board judicial review. This has especially been the case since the advent of the Warren Court and the revolution in civil liberties, but the charge has continued to the Burger Court and even into the Rehnquist Court. The Warren Court (1953-1969 represents a period in the history of the Supreme Court of the United States that was marked by one of the starkest and most dramatic The argument is that in the name of expanding the "rights" a majority of justices find agreeable, the Court is twisting the Constitution by disregarding the original meaning of the due process and equal protections clauses in order to reach a desired result. The best-known example of liberal activism is probably Roe v. Wade in 1973, where the Court struck down restrictive abortion laws as violating the "right to privacy" that the Court had previously found inherent in the Due Process clause of the Fourteenth Amendment. Roe v Wade, 410 US 113 (1973 is a controversial United States Supreme Court case that resulted in a Landmark decision regarding [25]
According to Zinn, however, of the Courts extant in the 20th century, only the Stone, Vinson, Warren, and to a lesser extent the Burger Courts (a time frame ranging approximately from 1941 to 1986) could be seen as leaning more toward a liberal interpretation of the Constitution and its guarantees, but not in every opinion. Harlan Fiske Stone ( October 11 1872 – April 22 1946) was an American Lawyer and jurist. Fred Vinson may refer to Fred M Vinson Fred Vinson (basketball Fred Vinson (American football Earl Warren ( March 19, 1891 July 9, 1974) was the 14th Chief Justice of the United States and the only person ever elected thrice Warren Earl Burger ( September 17 1907 – June 25 1995) was Chief Justice of the United States from 1969 to 1986 [26]
Liberal and conservative activism are both, at least as perceived by their opponents, abandoning the literal words of the Constitution in pursuit of what the Supreme Court considers to be the just or right or reasonable course of action. A campaign against judicial activism has been part of presidencies of many diverse ideological viewpoints, such as those of Franklin Delano Roosevelt, Richard Nixon, and Ronald Reagan.
In 1988 President Ronald Reagan lectured a convention of attorneys about, “…courts that played fast and loose with the instrument the founding fathers devised. Yes, some law professors and judges said the courts should save the country from the Constitution. We said it was time to save the Constitution from them. ”[27]
President Abraham Lincoln (referring to the Dred Scott v. Sandford decision) warned:
If the policy of the government, upon vital questions affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court. Dred Scott v Sandford —whether or not they were slaves—could never be Citizens of the United States, and that the United States Congress . . the people will have ceased to be their own rulers, having to that extent practically resigned the government into the hands of that eminent tribunal. (Lincoln's First Inaugural Address, 1861). Lincoln's First Inaugural Address, delivered March 4, 1861, was deeply conciliatory to Southern slave-holding interests
In Coercing Virtue: The Worldwide Rule of Judges (2003), Judge Robert Bork, argues:
What judges have wrought is a coup d’état, – slow-moving and genteel, but a coup d’état nonetheless…. Robert Heron Bork (born March 1, 1927) is a conservative American legal scholar who advocates the judicial philosophy of Originalism. The nations of the West are increasingly governed not by law or elected representatives, but by unelected, unrepresentative, unaccountable committees of lawyers applying no law other than their own will. [28]
In recent years, the term "judicial usurpation" has been used by many to describe what they consider to be aggressive judicial activism. During the biennium following the publication of Bork’s book, no less than five books appeared on the subject of judicial usurpation. [29] In 2005, Patrick Buchanan chronicled what he believed to be the Warren court's transgressions:
The Brown decision of 1954, desegregating the schools of 17 states and the District of Columbia, awakened the nation to the court's new claim to power. Patrick Joseph "Pat" Buchanan (born November 2 1938 is an American Political commentator, Author, syndicated Columnist Hailed by liberal elites – and finding no resistance from a Democratic Congress or president who spent his afternoons at Burning Tree – Warren's court went off on a rampage. It invented new rights for criminals and put new restrictions on cops and prosecutors. It reassigned students to schools by race and ordered busing to bring it about, tearing cities apart. It ordered God, prayer and Bible-reading out of classrooms. It said pornography was constitutionally protected, making Larry Flynt and Al Goldstein First Amendment heroes, rather than felons. It ruled naked dancing a protected form of free expression. It declared abortion a constitutional right and sodomy constitutionally protected behavior. It outlawed the death penalty, abolished terms limits on members of Congress voted by state referendums, and told high school coaches to stop praying in locker rooms and students to stop saying prayers at graduation. It ordered the Ten Commandments out of schoolhouses and courthouses. It condoned discrimination against white students in violation of the 14th Amendment's guarantee of equal protection. And, two weeks ago, in a 5-4 decision, the Supreme Court ruled that towns can seize private homes and turn them over to private developers. [30]
Quotations
- "I had never before argued a Supreme Court case on my own. Since arguments in that court are thirty minutes in length per side, and since most of the time consumed in argument is taken up with responses to questions of the Court, Dean [Ringel] and I devoted most of our preparation to three overlapping issues, ones that have consumed my attention in every later Supreme Court argument as well. The first was jurisprudential in nature. What rule of law were we urging the Court to adopt? How would it apply in any future case? What would be its impact on First Amendment legal doctrine?" --Floyd Abrams, discussing his argument before the Court in Landmark Communications v. Virginia. Floyd Abrams (born July 9 1936 is an American Attorney. He is an expert on Constitutional Law, and many arguments in the briefs he has written before Landmark Communications v Virginia, 435 US 829 ( 1978) was a United States Supreme Court case that was argued on January 11, [31]
- "In the United States at the present day, the reverence which the Greeks gave to the oracles and the Middle Ages to the Pope is given to the Supreme Court. Those who have studied the working of the American Constitution know that the Supreme Court is part of the forces engaged in the protection of the plutocracy. But of the men who know this, some are on the side of the plutocracy, and therefore do nothing to weaken the traditional reverence for the Supreme court, while others are discredited in the eyes of the ordinary quiet citizens by being said to be subversive and Bolshevik. " -- Bertrand Russell in, Power, Routledge Classics, 2004: p. Bertrand Arthur William Russell 3rd Earl Russell, OM, FRS (18 May 1872 – 2 February 1970 was a British Philosopher, Historian 53. [32]
See also
- History of the Supreme Court of the United States
- List of Supreme Court Justices
- Supreme Court appointment history
- Demographics of the Supreme Court of the United States
- List of Law Schools by United States Supreme Court Justices trained
- Unsuccessful nominations to the Supreme Court of the United States
- List of law clerks of the Supreme Court of the United States
- Lists of Supreme Court cases
- United States Supreme Court building
- Oath of Office
Notes
- ^ Toobin, "SCOTUS Watch", The New Yorker, November 21, 2005; Safire, "On Language' Potus and Flotus", New York Times, October 12, 1997; O'Connor, "High Court's '9 Men' Were a Surprise to One", New York Times, October 12, 1983. The following is a history of the Supreme Court of the United States, organized by Chief Justice. This is a list of past and present justices of the Supreme Court of the United States. In order to become a Justice on the Supreme Court of the United States, an individual must be nominated by the President of the United States and approved by the Albany Law School Robert H Jackson - completed one year of the two year program In order to become a Justice on the Supreme Court of the United States, an individual must be nominated by the President of the United States and approved by the Segal-Cover scores attempt to measure the relative liberalism or conservatism of United States Supreme Court justices The appointment of federal judges has become viewed as a political process in the last several decades The Demographics of the Supreme Court of the United States have been raised as an issue since the Court was established in 1789 Three or more Justices Harvard Law School Harry Blackmun Louis Brandeis William J Justices of the Supreme Court of the United States are nominated by the President and confirmed by the Senate. Law clerks have assisted Supreme Court Justices in various capacities since the first one was hired by Justice Horace Gray in the 1880s This is an index of chronological lists of cases decided by the Supreme Court of the United States. The Supreme Court building is the seat of the Supreme Court of the United States. An oath of office is an Oath or Affirmation a person takes before undertaking the duties of an Office, usually a position in government or within a religious
- ^ U.S. Constitution, Article III, Section 1. Retrieved on 2007-09-21. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Events 1217 - The Estonian tribal leader Lembitu of Lehola was killed in a battle against Teutonic Knights.
- ^ See, in dicta Northern Pipeline Const. Co. v. Marathon Pipe Line Co. , 458 U. S. 50, 59 (1982); United States ex rel. Toth v. Quarles, 350 U. S. 11, 16 (1955).
- ^ A Brief Overview of the Supreme Court (PDF). United States Supreme Court. Retrieved on 2007-09-21. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Events 1217 - The Estonian tribal leader Lembitu of Lehola was killed in a battle against Teutonic Knights.
- ^ History of the Court, in Hall, Ely Jr. , Grossman, and Wiecek (eds) The Oxford Companion to the Supreme Court of the United States. Oxford University Press, 1992, ISBN 0-19-505835-6.
- ^ In Steps Big and Small, Supreme Court Moved Right by Linda Greenhouse, New York Times, July 1 2007. Linda Greenhouse (b January 9, 1947, New York City) is a Pulitzer Prize winning Reporter who covered the United States
- ^ Justices, Number of. in Hall, Ely Jr. , Grossman, and Wiecek (editors), The Oxford Companion to the Supreme Court of the United States. Oxford University Press 1992, ISBN 0-19-505935-6.
- ^ Todd S. , Purdum. "Presidents, Picking Justices, Can Have Backfires", Courts in Transition: Nominees and History, New York Times, July 5, 2005, p. Events 1295 - Scotland and France form an alliance the beginnings of the Auld Alliance, against England. Year 2005 ( MMV) was a Common year starting on Saturday (link displays full calendar of the Gregorian calendar. A4. Retrieved on 2006-04-24. Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. Events 1479 BC - Thutmose III ascends to the throne of Egypt, although power effectively shifts to Hatshepsut (according to
- ^ United States Senate. "Nominations".
- ^ Balkin, Jack M. . The passionate intensity of the confirmation process (HTML). Jurist. Retrieved on 2008-02-13. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 1258 - Baghdad falls to the Mongols, and the Abbasid Caliphate is destroyed
- ^ Zinn, Howard. A People's History of the United States. A People's History of the United States is a 1980 Nonfiction book by American Historian and Political scientist Howard Zinn New York: Perennial, 2003. p. 260-261 ISBN 0060528370
- ^ David N. Atkinson, Leaving the Bench (University Press of Kansas 1999)ISBN 0-7006-0946-6.
- ^ Breyer Just Missed Record as Junior Justice. Retrieved on 2008-01-11. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 1055 - Theodora is crowned Empress of the Byzantine Empire.
- ^ U.S. Supreme Court Justices. Retrieved on 2008-04-24. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 1479 BC - Thutmose III ascends to the throne of Egypt, although power effectively shifts to Hatshepsut (according to
- ^ In a 2007 interview, Justice Stevens stated he considers himself a "judicial conservative", and only appears liberal because he has been surrounded by increasingly conservative colleagues. "The Dissenter" (HTML). The Times Magazine. New York Times (2007-09-23). Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Events 1122 - Concordat of Worms. 1459 - Battle of Blore Heath, the first major battle of the English Retrieved on 2008-02-14. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 842 - Charles the Bald and Louis the German swear the Oaths of Strasbourg in the French and German
- ^ Lane (2006-01-31). Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. Events 1504 - France cedes Naples to Aragon. 1606 - Gunpowder Plot: Guy Fawkes Kennedy Seen as The Next Justice In Court's Middle (HTML). The Washington Post.
- ^ Hamdan v. Rumsfeld (Scalia, J. , dissenting) [1]
- ^ Supreme Court orders (PDF) (2006-02-01). Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. Events 1327 - Teenaged Edward III is crowned King of England, but the country is ruled by his mother Queen Retrieved on 2008-02-13. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 1258 - Baghdad falls to the Mongols, and the Abbasid Caliphate is destroyed
- ^
- ^ ; see also Adequate and independent state grounds
- ^ Tony Mauro (2005-10-21). Title 28 ( Judiciary and Judicial Procedure) is the portion of the United States Code (federal statutory law that governs the federal judicial system Title 28 ( Judiciary and Judicial Procedure) is the portion of the United States Code (federal statutory law that governs the federal judicial system The adequate and independent state ground doctrine is a doctrine of United States law governing the power of the U Year 2005 ( MMV) was a Common year starting on Saturday (link displays full calendar of the Gregorian calendar. Events 1512 - Martin Luther joins the theological faculty of the University of Wittenberg. Roberts Dips Toe Into Cert Pool (HTML). Legal Times. Retrieved on 2007-10-31. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Events 445 BC – Ezra reads the Book of the Law to the Israelites in Jerusalem (see Nehemiah 91 NLTse
- ^ Tony Mauro (2006-07-04). Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. Events 836 - Pactum Sicardi, peace between the Principality of Benevento and the Duchy of Naples Justice Alito Joins Cert Pool Party (HTML). Legal Times. Retrieved on 2007-10-31. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Events 445 BC – Ezra reads the Book of the Law to the Israelites in Jerusalem (see Nehemiah 91 NLTse
- ^ a b
- ^ The American Conflict by Horace Greeley (1873), p. Title 28 ( Judiciary and Judicial Procedure) is the portion of the United States Code (federal statutory law that governs the federal judicial system 106; also in The Life of Andrew Jackson (2001) by Robert Vincent Remini
- ^ a b c See for example Judicial activism in The Oxford Companion to the Supreme Court of the United States, edited by Kermit Hall; article written by Gary McDowell.
- ^ Irons, Peter. A People's History of the Supreme Court. London: Penguin, 1999. ISBN 0670870064
- ^ Special keynote address by President Ronald Reagan, November 1988, at the second annual lawyers convention of the Federalist Society, Washington, D. The Federalist Society for Law and Public Policy Studies, most frequently called simply the Federalist Society, is an organization of Conservatives and Libertarians C.
- ^ Robert Bork, Coercing Virtue, The Worldwide Rule of Judges (Washington, D. C. : American Enterprise Institute Press, 2003), pp. 13 & 9.
- ^ Judge Andrew Napolitano, Constitutional Chaos : What Happens When the Government Breaks Its Own Laws (Nashville TN: Nelson Current, 2004); Phyllis Schlafly, The Supremacists: The Tyranny of Judges and How to Stop It (Dallas, TX: Spence Publishing Company, 2004); Mark R. Levin, Men in Black: How the Supreme Court is Destroying America (Washington, D. C. : Regnery Publishers, 2005); Judge Roy Moore with John Perry, So Help Me God: The Ten Commandments, Judicial Tyranny, And The Battle For Religious Freedom (Nashville TN: Broadman & Holman Publishers, 2005); Mark Sutherland, et. al. . , Judicial Tyranny: the new kings of America (St. Louis, MO: Amerisearch , 2005).
- ^ Patrick J. Buchanan, “The Judges War: an Issue of Power,” Townhall. com, July 6, 2005.
- ^ Floyd Abrams, quoted in his book, Speaking Freely (2005), p. Floyd Abrams (born July 9 1936 is an American Attorney. He is an expert on Constitutional Law, and many arguments in the briefs he has written before 65.
- ^ Bertrand Russell was writing in 1937. Bertrand Arthur William Russell 3rd Earl Russell, OM, FRS (18 May 1872 – 2 February 1970 was a British Philosopher, Historian
References
- Biskupic, Joan and Elder Witt. (1997). Congressional Quarterly’s Guide to the U. Congressional Quarterly Inc, or CQ, is a privately owned publishing company that produces a number of publications reporting primarily on the United States Congress S. Supreme Court. Washington, D. C. : Congressional Quarterly. Congressional Quarterly Inc, or CQ, is a privately owned publishing company that produces a number of publications reporting primarily on the United States Congress ISBN 1-56802-130-5
- The Constitution of the United States.
- Hall, Kermit et al. Kermit Lance Hall ( August 31, 1944 &ndash August 13, 2006) was a noted Legal history scholar (1992). The Oxford Companion to the Supreme Court of the United States. New York: Oxford University Press.
- Harvard Law Review Assn., (2000). The Harvard Law Review is a journal of legal scholarship published by an independent student group at Harvard Law School. The Bluebook: A Uniform System of Citation, 17th ed. The Bluebook A Uniform System of Citation, a Style guide, prescribes the most widely used Legal citation system in the United States. [18th ed. , 2005. 13-ISBN 978-6-0001-4329-9 10-ISBN 6-0001-4329-X]
- Irons, Peter. Peter H Irons (born 1940 is an American political Activist, Civil rights attorney legal Scholar, and Professor of Political science (1999). A People's History of the Supreme Court. New York: Viking Press. Viking Press is an American Publishing company currently owned by Penguin Books. ISBN 0-670-87006-4.
- Rehnquist, William. William Hubbs Rehnquist (October 1 1924 – September 3 2005 was an American lawyer, jurist, and a political figure who served as an Associate Justice (1987). The Supreme Court. New York: Alfred A. Knopf. Alfred A Knopf Inc is a New York publishing house founded by Alfred A ISBN 0-375-40943-2.
- The Rules of the Supreme Court of the United States (2005 ed. ) (pdf).
- Skifos, Catherine Hetos. (1976). "The Supreme Court Gets a Home", Supreme Court Historical Society 1976 Yearbook. [in 1990, re-named The Journal of Supreme Court History (ISSN 1059-4329)]
- Warren, Charles. General Sir Charles Warren, GCMG, KCB, FRS ( 7 February 1840 &ndash 21 January 1927) was an officer in the (1924). The Supreme Court in United States History. (3 volumes). Boston: Little, Brown and Co.
- Woodward, Bob and Scott Armstrong. Little Brown and Company is a publishing house established by Charles Coffin Little and his partner James Brown. Robert "Bob" Upshur Woodward (born March 26, 1943) is an assistant managing editor of The Washington Post. Scott Armstrong may refer to J Scott Armstrong (born 1937 Wharton Business School professor Scott Armstrong (journalist, former Washington (1979). The Brethren: Inside the Supreme Court. New York: Simon & Schuster. Simon & Schuster Inc, a division of CBS Corporation, is a Publisher founded in New York in 1924 by Richard L
- Supreme Court Historical Society. The Court Building (PDF). Retrieved on 2008-02-13. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 1258 - Baghdad falls to the Mongols, and the Abbasid Caliphate is destroyed
Further reading
- Beard, Charles A. Charles Austin Beard ( November 27, 1874 – September 1, 1948) is widely regarded along with Frederick Jackson Turner, as one of (1912). The Supreme Court and the Constitution. New York: Macmillan Company. Reprinted Dover Publications, 2006. Dover Publications is an American book Publisher founded in 1941 by Hayward Cirker and his wife Blanche ISBN 0-486-44779-0.
- Frank, John P. , The Justices of the United States Supreme Court: Their Lives and Major Opinions (Leon Friedman and Fred L. Israel, editors) (Chelsea House Publishers: 1995) ISBN 0791013774, ISBN 978-0791013779
- Garner, Bryan A. (2004). Black's Law Dictionary. Deluxe 8th ed. Thomson West. West (also known by its original name West Publishing) is the largest business unit of Thomson Reuters North American Legal group of Thomson Reuters. ISBN 0-314-15199-0.
- Greenburg, Jan. Jan Crawford Greenburg (born c 1965 is a senior legal correspondent for ABC News, covering law and politics for its news programs -- ''World News Tonight'', (2007). Supreme Conflict: The Inside Story of the Struggle for Control for the United States Supreme Court. New York: Penguin Press. Penguin Group is the second largest trade book Publisher in the world behind Random House. ISBN 978-1-59420-101-1.
- McCloskey, Robert G. (2005). The American Supreme Court. 4th ed. Chicago: University of Chicago Press. The University of Chicago Press is the largest University press in the United States ISBN 0-226-55682-4.
- Toobin, Jeffrey. Jeffrey Ross Toobin (born May 21, 1960 in New York City, New York) is a lawyer author television legal analyst and senior base ball analyst The Nine: Inside the secret world of the Supreme Court. Doubleday, 2007. The Doubleday Publishing Group is the fifth largest Book Publishing company in the world ISBN 0-385-51640-1.
- Urofsky, Melvin and Finkelman. Paul Finkelman, born November 15 1949 in New York is an historian and legal scholar (2001). A March of Liberty: A Constitutional History of the United States. 2 vols. New York: Oxford University Press. ISBN 0-19-512637-8 & ISBN 0-19-512635-1.
External links
- Supreme Court of the United States. Official Homepage.
- The Supreme Court Historical Society. Official Homepage.
- Legal Information Institute Supreme Court Collection.
- FindLaw Supreme Court Opinions.
- Oyez Project Supreme Court Multimedia.
- U.S. Supreme Court Decisions (v. 1+) Justia, Oyez and U.S. Court Forms.
- Supreme Court Records and Briefs - Cornell Law Library
- History of the U.S. Supreme Court
- Milestone Cases in Supreme Court History.
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