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| − | The '''Supreme Court of the United States''' (SCOTUS) is the highest court of the judiciary of the [[United States of America]]. In recent years, the Court has been accepting fewer cases for review, declining to a record low of only about 60 cases in its [[Supreme Court 2023 Term|2023 (2023-2024) Term]]. The Court then held only 57 oral arguments in its [[Supreme Court 2024 Term|2024 Term]], plus 4 decisions issued without oral argument.<ref>https://ballotpedia.org/Supreme_Court_cases,_October_term_2024-2025</ref> | + | The '''Supreme Court of the United States''' (SCOTUS) is the highest court of the judiciary of the [[United States of America]]. In recent years, the Court has been accepting fewer cases for review, declining to a record low of only about 60 cases in its [[Supreme Court 2023 Term|2023 (2023-2024) Term]]. The Court then held only 57 oral arguments in its [[Supreme Court 2024 Term|2024 Term]], plus 4 decisions issued without oral argument .<ref>https://ballotpedia.org/Supreme_Court_cases,_October_term_2024-2025</ref> |
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| − | [[Alexander Hamilton]] originally described the federal judiciary as the "least dangerous branch" because it does not have the power to enforce its rulings, or control the country's [[finance]]s.<ref>http://www.constitution.org/fed/federa78.htm Federalist #78</ref> However, [[liberal]]s on the Supreme Court have grabbed power in the last half-century to improperly exceed the authority of the other branches of government. | + | [[Alexander Hamilton]] originally described the federal judiciary as the "least dangerous branch" because it does not have the power to enforce its rulings, or control the country's [[finance]]s .<ref>http://www.constitution.org/fed/federa78.htm Federalist #78</ref> However, [[liberal]]s on the Supreme Court have grabbed power in the last half-century to improperly exceed the authority of the other branches of government. |
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| − | The declining productivity by the Supreme Court is such that it heard 150 per year in the mid-1900s, to only 80-90 cases in 1990s and 2000s, to only 60-70 around 2020, and then only 50-60 cases in 2022.<ref>https://www.msnbc.com/opinion/msnbc-opinion/supreme-court-no-decision-bad-decision-it-s-happening-too-n1295991</ref> | + | The declining productivity by the Supreme Court is such that it heard 150 per year in the mid-1900s, to only 80-90 cases in the 1990s and 2000s, to only 60-70 around 2020, and then only 50-60 cases in 2022 .<ref>https://www.msnbc.com/opinion/msnbc-opinion/supreme-court-no-decision-bad-decision-it-s-happening-too-n1295991</ref> |
| | ==History== | | ==History== |
| | Starting in 1791, the Supreme Court met in the [[Old City Hall (Philadelphia)|Old City Hall]] building in Philadelphia. The size of the court was set at nine in the [[Judiciary Act of 1869]]. Between 1800 and 1935, it met primarily in the basement of the United States [[Capitol]] building, then in the Old Senate Chamber, until it moved into its present location at One First Street NE, [[Washington, D.C.]] | | Starting in 1791, the Supreme Court met in the [[Old City Hall (Philadelphia)|Old City Hall]] building in Philadelphia. The size of the court was set at nine in the [[Judiciary Act of 1869]]. Between 1800 and 1935, it met primarily in the basement of the United States [[Capitol]] building, then in the Old Senate Chamber, until it moved into its present location at One First Street NE, [[Washington, D.C.]] |
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| | The Constitution does not specify the number of Justices on the Court. The Judiciary Act of 1869 set the number at the current nine, consisting of eight [[Associate Justice]]s and one [[Chief Justice of the United States of America|Chief Justice]]. To assist them there are many clerks, guards, and staff. Historians generally divide Court history into eras named after the Chief Justice then presiding (e.g., the [[Rehnquist Court]] and the [[Warren Court]]). | | The Constitution does not specify the number of Justices on the Court. The Judiciary Act of 1869 set the number at the current nine, consisting of eight [[Associate Justice]]s and one [[Chief Justice of the United States of America|Chief Justice]]. To assist them there are many clerks, guards, and staff. Historians generally divide Court history into eras named after the Chief Justice then presiding (e.g., the [[Rehnquist Court]] and the [[Warren Court]]). |
| | [[Image:SCOTUS.jpg|300px|left|thumb|The Supreme Court of the United States, 2010 Back Row (l-r):Sotomayor, Breyer, Alito, Kagan Front Row(l-r):Thomas, Scalia, Roberts, Kennedy, Ginsburg]] | | [[Image:SCOTUS.jpg|300px|left|thumb|The Supreme Court of the United States, 2010 Back Row (l-r):Sotomayor, Breyer, Alito, Kagan Front Row(l-r):Thomas, Scalia, Roberts, Kennedy, Ginsburg]] |
| − | Justices are appointed by the U.S. [[President]] with the advice and approval of the [[U.S. Senate]], which means that confirmation by a vote of a simple majority of the Senate is required before one can be sworn in as a Justice of the Supreme Court. There is no requirement that, whenever The Chief Justice's seat is vacant, that the nominee be a member of the Court, though it is common. | + | Justices are appointed by the U.S. [[President]] with the advice and approval of the [[U.S. Senate]], which means that confirmation by a vote of a simple majority of the Senate is required before one can be sworn in as a Justice of the Supreme Court. There is no requirement that, whenever the Chief Justice's seat is vacant, the nominee be a member of the Court, though it is common. |
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| − | A list of pending cases to be heard on their merits by the Supreme Court, also known as petitions for which [[certiorari]] has been granted, is available on its website.<ref>[http://www.supremecourtus.gov/orders/07grantednotedlist.pdf Cases pending for the 2007 term]</ref> | + | A list of pending cases to be heard on their merits by the Supreme Court, also known as petitions for which [[certiorari]] has been granted, is available on its website .<ref>[http://www.supremecourtus.gov/orders/07grantednotedlist.pdf Cases pending for the 2007 term]</ref> |
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| | ==How Cases are Heard== | | ==How Cases are Heard== |
| − | Except for a few cases (mainly involving disputes between states) where the Court has original jurisdiction, a party to a case from a lower court (either a Federal appellate court, or a state supreme court if the party is arguing that a United States Constitutional right was violated) must request the court to grant a writ of [[certiorari]] to hear the case. | + | Except for a few cases (mainly involving disputes between states) where the Court has original jurisdiction, a party to a case from a lower court (either a federal appellate court, or a state supreme court if the party is arguing that a United States constitutional right was violated) must request the court to grant a writ of [[certiorari]] to hear the case. |
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| | The Court grants the writ in only about one out of every 100 petitions filed with it each year. And when granted, not all cases result in an actual court hearing: the court may grant the writ in a case similar to one where the Court did render an opinion, but then instead of a hearing will remand (return to the lower court) the case to reconsider its decision in light of the Court's opinion in the similar case (this is common if the opinion was rendered either during a term of the Court or the immediately preceding prior term). | | The Court grants the writ in only about one out of every 100 petitions filed with it each year. And when granted, not all cases result in an actual court hearing: the court may grant the writ in a case similar to one where the Court did render an opinion, but then instead of a hearing will remand (return to the lower court) the case to reconsider its decision in light of the Court's opinion in the similar case (this is common if the opinion was rendered either during a term of the Court or the immediately preceding prior term). |
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| | [[File:Judges-over-time.jpg|thumb|200px|How judges became more conservative (moving up) or liberal (moving down) over time. Click to enlarge.]] | | [[File:Judges-over-time.jpg|thumb|200px|How judges became more conservative (moving up) or liberal (moving down) over time. Click to enlarge.]] |
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| − | Four of the five most conservative justices to serve on the court since 1937, out of a total of 43 justices, are on the court right now: Chief Justice [[John Roberts]] and Justices [[Antonin Scalia]], [[Clarence Thomas]] and [[Samuel Alito]] The fifth was Chief Justice [[William Rehnquist]], whom Chief Justice Roberts replaced in 2005.<ref>see Adam Liptak, "To Nudge, Shift or Shove the Supreme Court Left," [https://www.nytimes.com/2009/02/01/weekinreview/01liptak.html?_r=1&hp ''New York Times'' Jan. 31, 2009] Data from a 2008 study by William M. Landes, who teaches law and economics at the University of Chicago, and conservative Judge Richard A. Posner of the federal appeals court.</ref> Looking at votes in divided cases on ideologically charged issues like criminal procedure, civil rights and the First Amendment shows Justice Thomas, the most conservative justice. He voted for the conservative position in those cases 82% of the time. Justice Marshall, the only other African-American to serve on the court, was by this measure the most liberal, voting for the conservative side 21% of the time. Thankfully, Scalia maintained a hard conservative position, consistently opposing liberals and their fruitless court positions. | + | Four of the five most conservative justices to serve on the court since 1937, out of a total of 43 justices, are on the court right now: Chief Justice [[John Roberts]] and Justices [[Antonin Scalia]], [[Clarence Thomas]] and [[Samuel Alito]] The fifth was Chief Justice [[William Rehnquist]], whom Chief Justice Roberts replaced in 2005 .<ref>see Adam Liptak, "To Nudge, Shift or Shove the Supreme Court Left," [https://www.nytimes.com/2009/02/01/weekinreview/01liptak.html?_r=1&hp ''New York Times'' Jan. 31, 2009] Data from a 2008 study by William M. Landes, who teaches law and economics at the University of Chicago, and conservative Judge Richard A. Posner of the federal appeals court.</ref> Looking at votes in divided cases on ideologically charged issues like criminal procedure, civil rights, and the First Amendment shows that Justice Thomas is the most conservative justice. He voted for the conservative position in those cases 82% of the time. Justice Marshall, the only other African-American to serve on the court, was by this measure the most liberal, voting for the conservative side 21% of the time. Thankfully, Scalia maintained a hard conservative position, consistently opposing liberals and their fruitless court positions. |
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| | In ten of the last eleven appointments, the new justice was more conservative than the one replaced. | | In ten of the last eleven appointments, the new justice was more conservative than the one replaced. |