Supreme Court of the United States

The Supreme Court of the United States, the highest court in the United States of America, is the head of the Judicial Branch of the Federal Government.

Procedure

A "term" of the Supreme Court commences on the first Monday of each October (this is where the phrase "First Monday" comes from), and continues until June or early July of the following year. Each term consists of alternating periods of approximately two weeks known as "sittings" and "recesses." Justices hear cases and deliver rulings during sittings; they discuss cases and write opinions during recesses.

Related Topics:
Monday - October - First Monday - June - July

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Getting to the Court

A case is brought before the Supreme Court by way of: (1) a petition for writ of certiorari filed by a party to a case that has been decided by one of the United States courts of appeals or the United States Court of Appeals for the Armed Forces, or (in extremely rare cases) a case that is pending before a court of appeals but not yet decided, (2) a certified question or proposition of law from one of the United States courts of appeals, (3) a petition for writs of either mandamus, prohibition or habeas corpus (each of which is known as a petition for an extraordinary writ), or (4) a petition for writ of certiorari from a decision of one of the state courts, after all state appeals have been exhausted, involving an issue of Federal constitutional or statutory law.

Related Topics:
Writ of certiorari - United States Court of Appeals for the Armed Forces - Writs - Mandamus - Prohibition - Habeas corpus - Certiorari - State - Constitutional - Statutory

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If the Supreme Court grants the writ of certiorari (or the certified question or other extraordinary writ), then a briefing schedule is arranged for the parties to submit their briefs in favor of or against a particular form of relief. During this time, an individual or group that has an interest in a case but is not a party to the case can submit a motion to appear before the court as amicus curiæ ("friend of the court"). Except for certain specific categories (such as lawyers for state and local governments) or where all parties to the case consent, it is in the Court's discretion whether such motions are granted.

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Cases that fall within the Court's original jurisdiction are initiated by filing a complaint directly with the Supreme Court, and normally are assigned to a special master appointed by the Court for the taking of evidence and a recommended decision, after which the Court may accept briefs and hear oral arguments as in an appellate case.

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Briefing

Before oral arguments, the parties to a case file legal briefs outlining their arguments. An amicus curiæ may also submit a brief in support of particular outcome in the case if the Court grants it permission.

Related Topics:
Legal briefs - Amicus curiæ

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Oral Arguments

Thereafter, if the Court chooses to hold a hearing, each side has thirty minutes to present its case orally. In exceptional and controversial cases, however, the time limit may be extended. In the Court's early years, attorneys might argue a single case for hours or even days; but as the judicial workload increased, the time available for argument has been restricted. The late Chief Justice Rehnquist was noted for his especially strict enforcement of the argument time limits.

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To file pleadings or to argue a case, an attorney must be a member of the Bar of the Court. (The primary requirement for admission to the Bar is that the attorney must have been admitted to practice in the highest court of a state or territory for at least the past three years.) Justices are allowed to interrupt the attorney speaking in order to ask him or her questions.

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Opinions

After oral arguments, Justices may discuss the case among themselves, determine the outcome, and write their opinions. The ruling of the Court is embodied in the "opinion of the Court," which represents the views of a majority of the Justices. The most senior Justice voting in the majority (which is the Chief Justice if he is in the majority) determines who writes the opinion of the court. The opinion of the Court is usually signed by the author; occasionally, the Supreme Court may issue an unsigned opinion per curiam. Other Justices who agree with the decision may choose to write concurring opinions; those who disagree may write dissenting opinions. The practice of issuing a single opinion of the Court was initiated during the tenure of Chief Justice John Marshall during the early nineteenth century. This custom replaced the previous practice under which each Justice, whether in the majority or the minority, issued a separate opinion. The older practice is still followed by appellate courts in many common law jurisdictions outside the United States.

Related Topics:
Per curiam - Concurring opinion - Dissenting opinion - John Marshall - Nineteenth century - Common law

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Throughout the term, but mostly during the last months of the term—May, June, and, if necessary, July—the Court announces its opinions, and the Justices read their opinions. The decision of the Court is subsequently published.

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Supreme Court decisions are typically cited as in the following example: "Roe v. Wade, 410 U.S. 113 (1973)." The citation consists of the names of the opposing parties; the volume number; "U.S." (signifying United States Reports, the official reporter of Supreme Court decisions); the page number on which the decision begins; and the year in which the case was decided. The names of the opposing parties are listed in the format "Petitioner v. Respondent" or "Appellant v. Appellee." The Reporter of Decisions is responsible for publication of the Court's rulings. Two other widely used citation formats exist: the Supreme Court Reporter and the Lawyer's Edition, corresponding to two privately-published collections of decisions. Citations to cases in the Supreme Court Reporter would be structured as follows: Snowden v. Hughes, 64 S.Ct. 397 (1944). Citations to cases in the Lawyer's Edition would be as follows: Snowden v. Hughes, 88 L.Ed. 497 (1944). Judicial opinions often use the citation from all three sources (the United States Reports, Supreme Court Reporter, and Lawyer's Edition), as seen here: Martin v. Texas, 200 U.S. 316, 26 S.Ct. 338, 50 L.Ed. 497 (1906).

Related Topics:
Roe v. Wade - Reporter of Decisions

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Decisions of the Supreme Court are precedents that bind all lower courts, both federal and state. The Supreme Court generally respects its own precedents, but has in some cases overturned them.

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