Judicial Branch

The Judicial Branch interprets the meaning of the laws, applies laws in lawsuits or criminal cases, and decides whether laws or governmental actions violate the constitution.

The United States Supreme Court

The US Supreme Court, located in Washington, DC, currently has nine members, although the number of justices has changed over the country’s history. It is the “court of last resort” for judicial issues in the US. 

Justices are nominated by the President and confirmed by the Senate. 

The court does not hear every case filed with it. The justices determine which cases to hear through a process called the writ of certiorari. If the court declines to hear a case, or reaches a tie, the lower court decision stands. This does not mean the US Supreme Court agrees with the lower court. 

Justices serve for life, unless impeached. 

From Lumen Learning.

Cases may come to the US Supreme Court from the state court system if a federal issue is involved. They also may be appealed from the intermediate federal appellate courts, called Circuit Courts. The court only accepts a tiny fraction of the cases it is asked to hear each year. 

The Justices

The current justices of the Supreme Court are: 

Web Resources

The Circuit Courts

The Constitution gave Congress the ability to establish other lower courts to help the US Supreme Court handle the judicial case load. The intermediate appellate courts, below the US Supreme Court, are known as Circuit Courts.

From USCourts.gov

Cases may be appealed to a Circuit Court after a District Court has made a final decision. Some  cases are first heard by a panel consisting of three judges. In rare cases, the case may then be reviewed by all the judges in the Circuit, called an en banc hearing. 

If the losing party is unsatisfied with the Circuit Court’s decision, they can appeal to the US Supreme Court, although the US Supreme Court has discretion regarding whether to hear the case. 

Special Federal Courts

There are some specialized federal courts that only hear certain types of cases.

The District Courts

The Constitution gave Congress the ability to establish other lower courts to help the US Supreme Court handle the judicial case load. The trial courts of the federal court system are known as District Courts. 

Judicial Confirmations

The President nominates potential justices when a vacancy arises on a federal court. The Senate Judiciary Committee reviews the record of the nominee and holds hearings, then votes whether to forward the nominee to the full Senate.

The full Senate then debates the nomination, then votes whether to end the debate. If the debate is successfully ended, the Senate votes to confirm. A simple majority is required to confirm. 

To research Senate documents, see the tab on the Legislature or visit our Government Documents Guide.

Databases

You may also wish to check out our Newspapers page.

Books

Advice and Dissent by Sarah A. Binder; Forrest Maltzman 

Antitrust and the Supreme Court by David Ramsey 

The Authentic Constitution by Arthur E. Palumbo 

From Jim Crow to Civil Rights by Konrad H. Jarausch; Michael J. Klarman 

John Marshall and the Heroic Age of the Supreme Court by R. Kent Newmyer
Call Number: 347.732634 N556j

Justice Takes a Recess by Scott E. Graves; Robert M. Howard 

The Myth of Judicial Activism by Kermit Roosevelt 

The Nine by Jeffrey Toobin
Call Number: 347.7326 T668t

The Supreme Court and McCarthy-Era Repression by Robert M. Lichtman 

The Supreme Court Reborn by William E. Leuchtenburg 

Confirmation Hearings

Disclaimer

This guide is intended to give a general overview of the Constitution and our system of government, as well as some historical information. It may not contain the most up to date legal information and should not be considered legal advice. For help with up to date legal research email us at refdesk@clarkson.edu. For legal advice, please consult an attorney.