Changes

Today there are nine members of the U.S. Supreme Court (that number has varied in prior centuries).  It's an odd rather than even number so that tie votes are very rare.

Today there are nine members of the U.S. Supreme Court (that number has varied in prior centuries).  It's an odd rather than even number so that tie votes are very rare.

One of the most important presidential powers is to appoint a new Justice to the U.S. Supreme Court, when there is a vacancy.  The U.S. Constitution provides that such appointment must be based on the "Advice and Consent" of the Senate, which means that "confirmation" by a majority vote of the Senate is also required. U.S. Const. Art II, Sec. 2, Cl. 2 (The President "by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, '''''Judges of the supreme Court''''' ....").

One of the most important presidential powers is the appointment of a new Justice to the U.S. Supreme Court, when there is a vacancy.  The U.S. Constitution provides that such appointment must be based on the "Advice and Consent" of the Senate, which means that "confirmation" by a majority vote of the Senate is required. U.S. Const. Art II, Sec. 2, Cl. 2 (The President "by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, '''''Judges of the supreme Court''''' ....").

The U.S. Supreme Court decides whether to grant petitions for certiorari ("cert."), which means that it will hear the case, based on the "Rule of Four."  The Rule of Four is simply this: if 4 out of the 9 Supreme Court Justices vote to hear a case, then the petition for cert. is granted and the Supreme Court schedules the case for a full argument by both sides and a decision on the merits of the case by the Court.

The U.S. Supreme Court decides whether to grant petitions for certiorari ("cert"), which means that it will hear the case, based on the "Rule of Four."  The Rule of Four is simply this: if 4 out of the 9 Supreme Court Justices vote to hear a case, then the petition for cert is granted and the Supreme Court schedules the case for a full argument by both sides and a decision on the merits of the case by the Court.

This Supreme Court "grants cert." and hears about 75 cases each year, which is only about 1% of the cases brought before on petitions.  Nearly all the cases are on appeal from a U.S. Court of Appeals; a few are on appeal from state courts, such as a state Supreme Court.

This Supreme Court "grants cert" and hears about 75 cases each year, which is only about 1% of the cases brought before on petitions.  Nearly all the cases are on appeal from a U.S. Court of Appeals; a few are on appeal from state courts, such as a state Supreme Court.

The U.S. Supreme Court uses two criteria in deciding whether to "grant cert." and hear the appeal:

The U.S. Supreme Court uses two criteria in deciding whether to "grant cert" and hear the appeal:

*is there a conflict between courts in different parts of the Nation that the Court needs to resolve?

*is there a conflict between courts in different parts of the Nation that the Court needs to resolve?

The first reason -- a conflict between courts in different parts of the Nation -- is known as a "Circuit split."  Each U.S. Court of Appeals is a numbered Circuit, as discussed below, and when they disagree on an issue and render conflicting decisions, then the U.S. Supreme Court likes to accept one of the cases to establish what the rule of law will be for that issue.

The first reason -- a conflict between courts in different parts of the Nation -- is known as a "Circuit split."  Each U.S. Court of Appeals is a numbered Circuit, as discussed below, and when they disagree on an issue and render conflicting decisions, then the U.S. Supreme Court likes to accept one of the cases to establish what the rule of law will be for that issue.

For example, if the U.S. Court of Appeals for the Third Circuit (which includes New Jersey) ruled that a search warrant is needed under the Fourth Amendment before police can search the trunk of someone's car, but the U.S. Court of Appeals for the Second Circuit (which includes New York) ruled that cops can search the trunk of someone's car without obtaining a search warrant, then the U.S. Supreme Court would "grant cert." on appeal from one of the two cases in order to establish a national, uniform rule concerning whether a search warrant is needed or not.

For example, if the U.S. Court of Appeals for the Third Circuit (which includes New Jersey) ruled that a search warrant is needed under the Fourth Amendment before police can search the trunk of someone's car, but the U.S. Court of Appeals for the Second Circuit (which includes New York) ruled that cops can search the trunk of someone's car without obtaining a search warrant, then the U.S. Supreme Court would "grant cert" on appeal from one of the two cases in order to establish a national, uniform rule concerning whether a search warrant is needed or not.

Unfortunately, many of the legal issues decided by the U.S. Supreme Court are more obscure than the above example.  Among the 75 cases decided each year by this Court, only about 5-10 of them are recognizable to the general public.

Unfortunately, many of the legal issues decided by the U.S. Supreme Court are more obscure than the above example.  Among the 75 cases decided each year by this Court, only about 5-10 of them are recognizable to the general public.