Court Structure Guide

U.S. Supreme Court

The Supreme Court of the United States is the highest court in the federal judiciary and the final arbiter of constitutional questions. Established by Article III of the Constitution, the Court has bo...

Overview

The Supreme Court of the United States is the highest court in the federal judiciary and the final arbiter of constitutional questions. Established by Article III of the Constitution, the Court has both original and appellate jurisdiction, though the vast majority of its work comes through appellate review. The Court's decisions are binding on all other federal and state courts, making it the ultimate authority on the meaning of the Constitution and federal law.

The Court's power of judicial review — the authority to declare laws and executive actions unconstitutional — was established in Marbury v. Madison (1803) and remains the foundation of American constitutional law. This power gives the Court enormous influence over American governance, as its interpretations of the Constitution shape everything from individual rights to the balance of power between the federal government and the states.

The Supreme Court's docket is almost entirely discretionary. Each term, the Court receives approximately 7,000–8,000 petitions for certiorari but agrees to hear only 70–80 cases. This selectivity means the Court focuses on cases involving conflicts between circuit courts, significant constitutional questions, and issues of national importance. The decisions issued each term often reshape entire areas of law.

The Court's term begins on the first Monday in October and typically runs through late June or early July. Oral arguments are generally held from October through April, with opinions issued on a rolling basis and the most consequential decisions often released in the final weeks of the term.

Jurisdiction

The Supreme Court has original jurisdiction over cases affecting ambassadors, other public ministers, and consuls, and cases in which a state is a party — though Congress has given concurrent jurisdiction to lower courts for most of these. Its appellate jurisdiction covers all cases arising under the Constitution, federal statutes, and treaties. The Court reviews cases from the U.S. Courts of Appeals and, in limited circumstances, directly from district courts. It also reviews final judgments of state supreme courts when those decisions involve federal constitutional or statutory questions. Most cases reach the Court through a petition for writ of certiorari, which the Court grants at its discretion.

Composition

The Court consists of nine justices: one Chief Justice and eight Associate Justices. Justices are nominated by the President and confirmed by the Senate, and they serve during good behavior — effectively a life tenure. There is no constitutional requirement for legal training, though all justices in modern history have been lawyers. The Chief Justice presides over oral arguments and conferences, and when in the majority, assigns the writing of opinions. When the Chief Justice is in dissent, the most senior Associate Justice in the majority assigns the opinion.

How Cases Get Here

Nearly all cases reach the Supreme Court through a petition for a writ of certiorari. A party who loses in a federal court of appeals or a state supreme court may petition the Court to review the decision. The justices discuss cert petitions in private conference, and under the Rule of Four, at least four of the nine justices must vote to grant certiorari for the case to be heard. If cert is denied, the lower court's decision stands. In rare instances, the Court may hear cases under its original jurisdiction or through certification from a court of appeals. The Court can also grant expedited review in cases of exceptional national importance.

Key Facts

Number of Justices

9 (1 Chief Justice + 8 Associate Justices)

Cases Heard Per Term

~70–80 out of 7,000–8,000 petitions

Appointment

Presidential nomination + Senate confirmation

Term Length

Life tenure (during good behavior)

Cert Standard

Rule of Four — 4 justices must agree to hear the case

Term Schedule

First Monday in October through June/July

Established

1789 by the Judiciary Act

Location

Washington, D.C.

Important to Know

  • The Rule of Four means only four justices need to agree to grant certiorari — a simple majority is not required to hear a case.
  • Denial of certiorari is not a decision on the merits and has no precedential value — it simply means the Court chose not to review the case.
  • The Supreme Court is the only court explicitly created by the Constitution; all other federal courts are created by Congress under Article III.
  • The number of justices is not fixed by the Constitution — Congress has changed the number several times, ranging from five to ten throughout history.
  • Per curiam opinions are issued by the Court collectively and are not attributed to any single justice, though individual justices may still file concurrences or dissents.
  • The Chief Justice of the United States also presides over presidential impeachment trials in the Senate.

Understand the Courts with AI-Powered Study Tools

20+ tools to help you study smarter. 3-day free trial, then $9.99/month.

Start Free Trial