What is The U.S. Supreme Court?
A Summary (1)
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on questions of U.S. constitutional or federal law. The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law.
The court consists of nine justices —the chief justice of the United States and eight associate justices— who meet at the Supreme Court Building in Washington, D.C. Each justice has a single vote in deciding the cases argued before the court. When in the majority, the chief justice decides who writes the opinion of the court; otherwise, the most senior justice in the majority assigns the task of writing the opinion.
Justices have lifetime tenure, meaning they remain on the court until they die, retire, resign, or are impeached and removed from office. When a vacancy occurs, the president, with the advice and consent of the Senate, appoints a new justice. The president has the plenary power to nominate, while the Senate possesses the plenary power to reject or confirm the nominee.
The Constitution sets no qualifications for service as a justice, such as age, citizenship, residence or prior judicial experience, thus a president may nominate anyone to serve, and the Senate may not set any qualifications or otherwise limit who the president can choose.
The Senate Judiciary Committee conducts hearings and votes on whether the nomination should go to the full Senate with a positive, negative or neutral report. Once the committee reports out the nomination, the full Senate considers it.
In modern times, there are lobby senators (2) to confirm or to reject a nominee depending on whether their track record aligns with the group’s views. From the Reagan administration to the present, the process has taken much longer and some believe this is because Congress sees justices as playing a more political role than in the past. The average number of days from nomination to final Senate vote since 1975 is 67 days.
Current members of the Supreme Court
There are currently (Oct. 2024) nine justices on the Supreme Court: the chief justice and eight associate justices. The chief justice is John Roberts.
Appointed by a Republican President:
G.H.W Bush:
Mr. Clarence Thomas, from 1991 — 76 years old |
G.W. Bush:
Mr. John Roberts, from 2005 — 69 years old | |
Mr. Samuel Alito, from 2006 — 74 years old |
Trump:
Mr. Neil Gorsuch, from 2017 — 57 years old | |
Mr. Brett Kavanaugh, from 2018 — 59 years old | |
Ms. Amy Coney Barrett, from 2020 — 52 years old |
Appointed by a Democratic President:
Obama:
Ms. Sonia Sotomayor, from 2009 — 70 years old | |
Ms. Elena Kagan, from 2010 — 64 years old |
Biden:
Ms. Ketanji Brown Jackson, from 1970 — 54 years old |
It is popularly accepted that Chief Justice Roberts and associate justices Thomas, Alito, Gorsuch, Kavanaugh, and Barrett, appointed by Republican presidents, compose the court’s conservative wing, and that Justices Sotomayor, Kagan, and Jackson, appointed by Democratic presidents, compose the court’s liberal wing.
Where they received their Juris Doctor title (3), and notes on religion affiliation
Harvard:
• Mr. John Roberts, Catholic
• Mr. Neil Gorsuch, Catholic/Episcopalian
• Ms. Elena Kagan, Jewish
• Ms. Ketanji Brown Jackson, nondenominational Protestant
Yale:
• Mr. Clarence Thomas, Catholic
• Mr. Samuel Alito, Catholic
• Mr. Brett Kavanaugh, Catholic
• Ms. Sonia Sotomayor, Catholic
Notre Dame:
• Ms. Amy Coney Barrett, Catholic
Religious affiliation
For much of the court’s history, every justice was a man of Northwestern European descent, and almost always Protestant. Now, six justices are Roman Catholics (Roberts, Thomas, Alito, Kavanaugh, Barrett and Sotomayor), one is Jewish (Kagan), and one is Protestant (Jackson). (4)
“Neil Gorsuch was raised Catholic and went to the same elite Catholic prep school as Kavanaugh, but became an Episcopalian when he married an Anglican [in 1996 (2017fone)]. It is unclear if he considers himself a Catholic or a Protestant.” (2024wisc) “Yet he speaks frequently at conferences of Catholic legal scholars seeking to expand their influence on policy” (2022romo)
Location of the mentioned Universities
Harvard is a private university in Cambridge (a suburb in the Greater Boston metropolitan area), Massachusetts. Yale is a private university in New Haven (part of the New York City metropolitan area), Connecticut. Notre Dame is a private Catholic university in Notre Dame, Indiana. Stanford (where some former members obtained their title in Laws) is a private university in Stanford (in Santa Clara County), California.
Figure 1. Location of the mentioned Universities, plus Stanford, with New York City and
Washington D.C. for reference
Judicial leanings, in general (1)
• Devins and Baum argue that, since 1991, ideology has been much more important in
choosing justices — all Republican appointees have been committed conservatives and all
Democratic appointees have been liberals.
• In 2021, Ryan Williams pointed to the party-line votes for confirmations of justices as
evidence that the court is of partisan (5) importance to
the Senate.
• A 2024 AP-NORC poll showed 7 in 10 respondents believed the court decides cases to
"fit their own ideologies" as opposed to "acting as an independent check on other branches of
government by being fair and impartial."
• According to some studies, in recent decades, many justices have timed their
departure to coincide with a philosophically compatible president holding office, to ensure
that a like-minded successor would be appointed.
Four features of the United States Supreme Court that make it different from high courts in other countries, and help explain why polarization is an issue in the United States court:
• It is high-profile: the high court in the United States is one of the few courts in the
world that can unilaterally strike down legislation passed by other politically accountable
branches.
• The United States Constitution is very difficult to amend: other countries allow for
constitutional changes via referendum or with a supermajority in the legislature.
• The United States Supreme Court has a politicized nominating process.
• The United States Supreme Court lacks term limits or mandatory retirements.
Former members of the Supreme Court whose tenure ended after 1980 (5)
(From most recent presidents to the oldest)
Appointed by a Republican President:
G.H.W. Bush
• Mr. David Souter, 1990-2009
Ronald Reagan
• Mr. Anthony Kennedy, 1988-2018
• Mr. Antonin Scalia, 1986-2016
• Ms. Sandra Day O’Connor, 1981-2006
Gerald Ford
• Mr. John Paul Stevens, 1975-2010
Richard Nixon
• Mr. William Rehnquist, 1972-2005 (chief justice 1986-2005)
• Mr. Harry Blackmun, 1970-1994
• Mr. Lewis F. Powell Jr., 1972-1987
• Mr. Warren E. Burger, 1969-1986
Eisenhower
• Mr. William J. Brennan Jr., 1956-1990
• Mr. Potter Stewart, 1958-1981
Appointed by a Democratic President:
Bill Clinton
• Mr. Stephen Breyer, 1994-2022
• Ms. Ruth Bader Ginsburg, 1993-2020
Lyndon B. Johnson
• Mr. Thurgood Marshall, 1967-1991
John F. Kennedy
• Mr. Byron White, 1962-1993
Where they received their top title in Laws, and notes on religion affiliation:
Harvard
• Mr. David Souter,
Catholic
• Mr. Anthony Kennedy,
Catholic
• Mr. Antonin Scalia,
Catholic
• Mr. Harry Blackmun,
Methodist
• Mr. Lewis F. Powell Jr.,
Presbyterian
• Mr. William J. Brennan Jr.,
Catholic
• Mr. Stephen Breyer,
Jewish
• Ms. Ruth Bader Ginsburg,
Jewish
Stanford
• Ms. Sandra Day O’Connor,
Episcopalian
• Mr. William Rehnquist,
Lutheran
Yale
• Mr. Potter Stewart,
Episcopalian
• Mr. Byron White,
Episcopalian
Others
• Mr. John Paul Stevens,
Protestant,
Northwestern University
• Mr. Warren E. Burger,
Presbyterian,
St. Paul College of Law
• Mr. Thurgood Marshall,
Episcopalian,
Howard University
NOTES
(1) Most of the text is from the
related article in
Wikipedia, but selected and rearranged for summarizing purposes.
(2) Lobby: The term "lobby" is not an official
appointment. To lobby is "to try to persuade a politician, the government, or an official group
that a particular thing should or should not happen, or that a law should be changed".
(Cambridge Dictionary)
(3) A Juris Doctor, Doctor of Jurisprudence, or Doctor of
Law is a graduate-entry professional degree that primarily prepares individuals to practice law.
(4) Source: Wikipedia and
Gallup
- The Religion of the Supreme Court Justices
(5) Partisan: leaning towards one of the political
parties, which in current times, in USA, means Republican or Democratic.
Published on October 26, 2024
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