Supreme Court

The U.S. Supreme Court is the nation's highest judicial body. It leads the judiciary, the branch of government responsible for resolving legal disputes and interpreting laws on a case-by-case basis.

Beginnings

President George Washington (1732–1799; served 1789–97) appointed the entire membership of the first Supreme Court in 1789. His goal was to find balance, so he appointed three northern and three southern justices. The first meeting of the Supreme Court took place on February 1, 1790. This “first” version of the U.S. Supreme Court ended on March 5, 1791, when one of the justices, John Rutledge of South Carolina, resigned to serve as chief justice on the South Carolina court.

One of the most important bills the first Congress passed was known as the Judiciary Act of 1789. Washington signed this act into law in September 1789, thereby creating two types of courts: district courts and circuit courts. Each district court had one judge. These courts had the power to hold trials involving maritime law (laws governing private companies that operate ocean vessels) and minor federal crimes. District courts also held trials in minor civil (noncriminal) cases.

At the time, there were three circuits: eastern, middle, and southern. Each circuit was served by two Supreme Court justices and one district court judge. Circuit courts held trials in civil cases between citizens of different states, major civil cases filed by the United States, and cases involving major crimes. These courts also heard appeals from some trials in the district courts.

The Supreme Court has the power to hold trials in cases involving ambassadors, public ministers, consuls, and states. It also hears appeals in cases arising under the U.S. Constitution and federal laws and treaties, cases in which the United States is a party, and cases between citizens. In the 1890s the Supreme Court was granted the power to hear appeals in criminal cases as well.

The Judiciary Act gave the Supreme Court the power to hear appeals from the highest court of each state in cases involving interpretation of the federal Constitution. This was a controversial provision of the Judiciary Act because states objected to the idea that the Supreme Court could reverse their decisions. It remains one of the Supreme Court's powers in the twenty-first century.

Supreme Court through the years

The modern Supreme Court of the United States consists of a chief justice and eight associate justices who are nominated by the president of the United States and confirmed by the Senate. The Court meets in Washington, D.C. , in the Supreme Court building.

The longest serving chief justice was John Marshall (1755–1835), who presided over the Court for more than three decades (February 1801–July1835). The Marshall Court played a significant role in the establishment of America's legal system. In particular, it determined that the courts are entitled to the power to strike down laws they deem unconstitutional.

The Taney Court (1836–64), presided over by Roger Taney (1777– 1864), is most famous for its ruling in the Dred Scott case. The Court ruled that people of African descent, whether slaves or not, could never be citizens of the United States. It also declared that Congress had no authority to outlaw slavery in federal territories. Many historians agree that this controversial ruling helped lead to the Civil War (1861–65).

Earl Warren (1891–1974) served as Chief Justice from 1953 to 1969. His court made several rulings that became milestones in American judicial history. For example, it was the Warren Court that declared segregation in public schools unconstitutional (Brown v. Board of Education , 1954). This same court protected a citizen's general right to privacy in Griswold v. Connecticut in 1965 and upheld the right of the accused to retain a court-appointed attorney in the event they could not afford one (Gideon v. Wainwright, 1963). The Warren Court also prohibited mandatory Bible readings in public schools in the 1963 case Abington Township School District v. Schempp.

When Warren Burger (1907–1995), a conservative judge, became chief justice, many believed he would use his power to overturn some of the controversial decisions handed down by the Warren Court. He surprised the public and his colleagues by choosing not to do so. The Burger Court (1969–86) was responsible for one of the most controversial and significant decisions ever handed down. In 1973 the court ruled that abortion was a constitutional right. In the decades since the ruling, opponents of abortion rights have sought to overturn the decision, making Roe v. Wade a landmark case that continues to remain a political and social battleground. The Burger Court also upheld federal limits on political campaign contributions in Buckley v. Valeo (1976), and ruled that, though the death penalty was not unconstitutional (Gregg v. Georgia, 1976), the implementation of it in some states was (Furman v. Georgia, 1972).

The Rehnquist Court (1986–2005), under the leadership of Chief Justice William Rehnquist (1924–2005), may well be remembered for its 5 to 4 decision in Bush v. Gore. The presidential election of 2000 was fraught with voting problems in Florida. (See Voting Techniques Controversy of 2000 .) Some demanded a recount of ballots, but the Rehnquist Court held that no alternative method of recounting could be established within the required time limits. As a result, Republican George W. Bush (1946–; served 2001–) won the state's electoral votes and beat Democrat Al Gore (1948–). The court also limited the right of labor unions to picket (Lechmere Inc. v. National Labor Relations Board, 1972) and restricted the Roe v. Wade framework for determining abortion regulations in 1992.

John G. Roberts (1955–), considered a conservative, was appointed Chief Justice in September 2005. In its first three years the Roberts Court made rulings on free speech, the death penalty, school desegregation, and gun ownership among other matters.

Chief justices

Chief justices have indefinite tenure, meaning they can serve in that capacity until death. They do have the option to retire or resign, and a justice may be removed by impeachment (formal removal due to wrongdoing) or congressional vote. Samuel Chase (1741–1811) was the only chief justice ever to be impeached (1805), but he was acquitted by the Senate.

Associate justices also have the option to serve for life under the same circumstances as chief justices. Both positions are paid an annual salary. As of 2007 the chief justice was paid $212,100, and associate justices received $203,000.

Although all Supreme Court judges make valuable contributions to the legal process, some names stand out more than others for one reason or another. Associate Justice Sandra Day O'Connor (1930–) was the first woman to serve on the Supreme Court. She served from 1981 until her retirement in 2006. She earned a reputation as a thoughtful, dedicated judge who considered each case individually and avoided generalizations.

Another remarkable judge was Thurgood Marshall (1908–1993), who was the first African American to serve on the Supreme Court. He was an associate justice from 1967 until 1991. During his tenure he supported the protection of individual rights and abortion rights. He was unequivocally opposed to the death penalty and dissented from (voted against) every decision upholding the death sentence.

One of the most influential Supreme Court associate justices was Louis Brandeis (1856–1941). He was the first Jewish justice to serve, and his term lasted twenty-three years. Brandeis was a champion of individual rights. In Olmstead v. United States (1928), the Supreme Court ruled that neither the Fourth Amendment nor the Fifth Amendment rights of the defendants had been violated when evidence obtained by illegal wiretapping of conversations had been used to convict them of breaking the Volstead Act (prohibition of the manufacture, sale, and distribution of alcoholic beverages). Brandeis's dissenting opinion became famous for its demand that the United States government adhere to the same laws it enforces for private citizens. He contended that the Court's finding made itself the lawbreaker. His position became law in 1967, when the Olmstead decision was overturned.