Supreme Court of the United States

Background

​The Supreme Court of the United States is the highest authority in the country's judicial system, standing alongside the executive and legislative branches in the federal government.

The main role of the court is to interpret the US Constitution and ensure that laws and policies align with the nation’s founding legal document. The court also resolves legal disputes involving the federal government's authority and serves as the final appellate body, reviewing decisions from lower federal and state courts, that is, hearing appeals.

Constitutional Origins

The Articles of Confederation, the first structure of government for the United States, did not establish a separate judicial branch. The absence of a federal judiciary meant legal disputes between states or over national laws were challenging to resolve. This was just one of the weaknesses of the Confederation government, and inspired the framers of the Constitution to include an independent national judiciary.

While Article 3 of the document vested federal judicial power in “one supreme court,” it did not establish any specific powers or roles for the branch. The structure of the federal judiciary was formed by the Judiciary Act of 1789, which established that the Supreme Court would consist of six judges—a chief justice and five associate justices.

The Marshall Court and Judicial Review

​In its early years, the court was relatively inactive, hearing few cases and lacking significant influence. This changed dramatically under Chief Justice John Marshall, who led the court from 1801 to 1835. Marshall's tenure transformed the judiciary into a powerful branch of government, largely through the establishment of judicial review—the authority of the court to invalidate laws that conflict with the Constitution.

The landmark case that solidified this power was Marbury v. Madison in 1803. In this decision, the court declared that it had the authority to review and nullify congressional acts that it found unconstitutional, thereby asserting its role as a coequal branch of government.

How It Works

The Supreme Court consists of nine justices—one chief justice and eight associate justices—a number that has remained unchanged since the Judiciary Act of 1869 (the number of justices can be changed through an act of Congress). Justices are nominated by the president and confirmed by the Senate, serving lifetime appointments. As of 2025, 115 people have held the position of justice.

The court's term starts on the first Monday in October and ends in late June. Justices gather to hear oral arguments, deliberate on cases, and issue written opinions. They can choose which cases to hear; of 7,000 petitions annually, roughly 80 are chosen—those deemed of major significance. The “rule of four” allows a minority of justices (or four of nine) to grant a writ of certiorari (that is, a request for a lower court to send up a case for review).

The courtroom, located east of the Capitol building, features a bench where the nine justices preside, tables for attorneys presenting their cases, and seating areas for the public and press. The court bans video recording during sessions, a long-standing policy that has sparked considerable debate (and professionalized a class of court illustrators).

Impact

The Supreme Court has delivered landmark decisions that have significantly influenced the nation's legal and social landscape (see table of laws ruled unconstitutional).

The court's 1857 ruling in Dred Scott v. Sandford declared individuals of African descent, whether enslaved or free, were not American citizens and therefore lacked standing to sue in federal court—pushing the nation closer to the brink of civil war.

In 1896, Plessy v. Ferguson established the "separate but equal" doctrine, upholding state laws that mandated racial segregation in public facilities. This precedent stood until 1954, when Brown v. Board of Education overturned it, ruling that racial segregation in public schools was inherently unequal and unconstitutional.

The court's decision in Roe v. Wade in 1973 asserted a woman's right to choose to have an abortion, which stood for nearly five decades. In 2022, Dobbs v. Jackson Women's Health Organization largely overturned Roe, returning the authority to regulate abortion to individual states. Discover more about Supreme Court cases related to abortion here.