The Supreme Court——The Highest Judicial Authority

The Supreme Court——The Highest Judicial Authority

　　The Supreme Court is comprised of nine justices who are appointed to the bench for life, or until voluntary retirement. They are appointed by the President and must be confirmed by the U.S. Senate.

　　A Case's Path to the Supreme Court

　　While the Supreme Court may choose to hear cases directly, it most often selects cases that have been decided in lower courts. Participants in cases decided in lower courts can appeal to their state's highest or Supreme Court. If all state venues are exhausted, litigants may appeal to the United States Supreme Court, the highest court in this country. Some cases may begin in federal courts at the start3 , and these can also end up here.

　　The nine justices choose which cases to take from those submitted to the Supreme Court. They can refuse to consider a case, accept a case for oral argument, or decide the case summarily without a hearing4. Each of these routes has an effect on the law. the decision not to hear a case allows a lower court's ruling to stand as precedent, or guiding law for other states. The court often decides that a case should be heard in circumstances in which two or more lower courts have decided differently. This "split" in the opinions of lower courts is common in highly charged issues. In this circumstance, the court acts as final arbiter on a difficult issue.

　　The Final Decision —— The Majority Rules

　　The Supreme Court cases that are heard for oral argument are decided by a majority of the justices accepting one theory or opinion of the elements of the case. Basically, the side with most votes wins; that's why most cases have numbers like 7: 2 or 5: 4 that let us know how many judges voted for or against a particular case8. When there is no clear majority, the resulting decision is called a plurality opinion. It is the interpretation that receives more votes than any other opinion.

　　One justice usually writes the opinion for the majority, while others may write dissenting opinions collectively or on their own. Justices who sign on to either the majority or minority opinion may also add their own opinions, singularly and collectively, that augment the group opinion.

　　The 9 Justices

　　Today's Court is made up of justices nominated to the bench by Presidents Richard Nixon, Gerald Ford, Ronald Reagan, George Bush and Bill Clinton. The youngest justice is 54; the oldest, 82. The current Court is closely divided between "conservative" and "liberal" elements.

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