The U.S. Supreme Court (often referred to as SCOTUS, for Supreme Court Of The United States) is the highest judicial authority in the United States and plays a critical role in the country’s legal and governmental system. Established by Article III of the Constitution, it functions as the ultimate interpreter of the Constitution and arbiter of legal disputes. The decisions made by the Supreme Court significantly influence American law, governance and society.
SCOTUS is revered as one of the most important branches as it helps determine what violates the rights guaranteed in the U.S. Constitution. The justices who serve on the court are supposed to be nonpartisan in their rulings, but since the establishment of judicial review, the ultimate governing body has become barely short of a partisan battle ground.
After the election of Donald Trump, there was a major shift in the overall political ideology of the court. That shift resulted in the overturning of Roe v. Wade, the president receiving absolute immunity from all “official” acts while serving as president and blocking President Joe Biden’s student loan forgiveness plan.
At a time where America is facing one of the most important elections in modern history, it’s crucial to understand what the Supreme Court does, how they impact governance and how your vote can dictate the direction the court sways.
What Is the Supreme Court?
The American political system is made up of three branches: the executive, the legislative and the judicial. Each branch of government holds responsibilities and serves as a way to “check and balance” each other as an attempt to prevent one branch from overpowering the other.
Article III of the Constitution lays out the blueprint for the judicial branch, establishing the Supreme Court and lower courts as the judicial power holders in the United States.
According to Section 2 of Article III:
“The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more states; between a state and citizens of another state; between citizens of different states; between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.”
Congress first enacted this in 1789 with the Judiciary Act of 1789, which created a Supreme Court with six justices and established a lower federal court system. Over the years, various Acts of Congress have altered the number of seats on the Supreme Court, from a low of five to a high of 10. Shortly after the Civil War, the number of seats on the Court was fixed at nine.
As of today, there is one Chief Justice and eight Associate Justices of the United States Supreme Court. Justices are appointed by the President and are confirmed by the Senate, just like in the lower court system.
What Does the Supreme Court Do?
The best-known power of the Supreme Court is judicial review, or the ability of the Court to interpret the Constitution and assess the constitutionality of laws and executive actions. This power was established in the landmark case Marbury v. Madison (1803).
The Court hears appeals from lower federal courts and state supreme courts. It has the discretion to choose which cases to hear, typically selecting those involving important constitutional questions or conflicting decisions in lower courts.
In certain cases, the Supreme Court has original jurisdiction, meaning it hears the case first rather than on appeal. These cases usually involve disputes between states or issues involving ambassadors.
The Supreme Court interprets federal laws and treaties, ensuring their consistent application across the United States. The Court’s decisions serve as precedents for future cases, guiding lower courts in interpreting and applying the law.
The Process of Becoming a Supreme Court Justice
Justices are nominated by the President of the United States, who typically selects candidates that align with their judicial philosophy and views on key issues.
After nomination, the candidate undergoes a confirmation process in the U.S. Senate. This includes hearings before the Senate Judiciary Committee, where the nominee is questioned about their qualifications, judicial philosophy and past rulings or writings.
Following the hearings, the Senate Judiciary Committee votes on whether to recommend the nominee to the full Senate. The full Senate then debates and votes on the nomination, requiring a simple majority for confirmation.
Once confirmed, a Supreme Court Justice serves a lifetime appointment, unless they retire, resign or are impeached and removed. This lifetime tenure insulates justices from political pressures, allowing them to make decisions based solely on legal principles.
How Do Elected Officials Impact the Supreme Court?
Elected officials, primarily the President and members of the U.S. Senate, play a significant role in shaping the U.S. Supreme Court through the nomination and confirmation process of justices. This process can lead to changes in the Court’s composition and influence its ideological balance for years to come.
When a vacancy occurs on the Supreme Court, the President has the constitutional authority to nominate a candidate to fill the seat. This can happen due to the retirement, death or resignation of a sitting justice.
The President’s choice of nominee can shift the ideological balance of the Court. For example, appointing a conservative or liberal justice can influence how the Court rules on key issues such as abortion, gun rights, healthcare and civil liberties that impact many American citizens, including the LGBTQ+ community.
Once the President nominates a candidate, the nomination is sent to the Senate Judiciary Committee, which conducts a series of hearings. During these hearings, the nominee is questioned about their legal philosophy, judicial record and views on constitutional issues. The hearings are a critical step in evaluating the nominee’s suitability for the Supreme Court.
After the hearings, the Senate Judiciary Committee votes on whether to recommend the nominee to the full Senate. The full Senate then debates and votes on the nomination. A simple majority vote is required for confirmation. Given the current political climate, this process can be highly partisan, with Senators more often than not voting along party lines.
The timing of Supreme Court nominations can be strategically important. Presidents often try to appoint justices during their terms to maximize their influence on the Court. Conversely, Senate leaders may attempt to expedite or delay the confirmation process based on political considerations, particularly during an election year.
Historically, the Senate used the filibuster to block or delay Supreme Court nominations, requiring a supermajority of 60 votes to proceed to a confirmation vote. However, in 2017, the Senate changed the rules, eliminating the filibuster for Supreme Court nominations, allowing confirmations by a simple majority.
Historically, shifts in the Court’s makeup have led to major legal and social changes. For example, the appointment of justices with civil rights sympathies in the mid-20th century helped pave the way for landmark rulings such as Brown v. Board of Education, which ended racial segregation in public schools.
Recent Presidents have significantly influenced the Court’s composition. For instance, President Donald Trump appointed three justices—Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett—solidifying a conservative majority that confirmed the right turn the court has implemented in recent years.
In conclusion, elected officials, particularly the President and Senators, have the power to shape the U.S. Supreme Court through the nomination and confirmation process. These decisions can influence the Court’s ideological balance and its rulings on key issues, affecting American law and society for generations to come. ::