SUPREME COURT FAQs
Frequently Asked Questions
For more information contact:
Vincent A. Eng - veng@advancingequality.org
202-296-2300, x121
It is easy to think of the Supreme Court as a far-removed entity that only has relevance for legal scholars and academics.
However, that is far from the case. The decisions of the Supreme Court of the United States have an effect on our daily
lives, and past decisions have played a large role in framing Asian American history.
Asian Pacific Americans are one of the fastest growing populations and represents 5% of the U.S. population. In
examining American legal jurisprudence, Asian Americans have played a significant role in our laws and cases
In 1922 in Ozawa v. United States, the Supreme Court told Asians that they could not be U.S. citizens. In 1923 in
Terrace v. Thompson, the Court told Asians that they could not own land. In 1927 in Gong Lum v. Rice, an unsuccessful
challenge to school segregation that would later be overturned by Brown v. Board of Education in 1954, the Court held
that Asians that had to go to “Oriental schools.” In 1944 in United States v. Korematsu, the Court upheld the internment
of Japanese Americans, which still remains good law today. Today, the Court continues to consider cases of
importance to the Asian American community, including recent immigration related cases such as Kim Ho Ma v.
Ashcroft (2001) and INS v. St. Cyr (2001). These cases and many more have a bottom-line effect on our lives and
freedoms.
All of those cases were decided by the nine justices of the Supreme Court, which have a unique and powerful role as
interpreters of the rights and liberties enjoyed by all Americans, including Asian Pacific Americans. Our democratic
constitution ensures that the majority is well protected in the electoral system, but often the only resort for minorities’
rights is the Supreme Court. That is why it is critical that any candidate who replaces sitting Justice be committed to
respecting minorities’ rights and freedoms.
What is the Supreme Court?
The Supreme Court of the United States is the highest court in the United States of America. The Supreme Court is the
only court established by the United States Constitution. All other federal courts are created by Congress (Article III,
Section 1). The Supreme Court is located in Washington DC.
What does the Supreme Court do?
The Supreme Court may exercise the power of judicial review – the right of the Court to declare laws unconstitutional.
The power of judicial review is not explicitly stated in the Constitution; however, Chief Justice John Marshall declared
in the landmark case of Marbury v. Madison (1803) that the Court would have such power. Judicial review gives the
Supreme Court the final say on what the Constitution means because the decisions of the Supreme Court may not be
appealed to any other entity. The Supreme Court is often referred to as “the Court of last resort.”
What is a Justice of the Supreme Court?
A Justice decides the questions of law brought before the Supreme Court. There is one Chief Justice and eight Associate
Justices. The Chief Justice has numerous duties, such as presiding over the sessions in court, presiding over sessions of
the conference where the Justices discuss cases, and assigning the writing of the opinion. The Chief Justice also has
administrative duties; the most recognized is the swearing-in of the newly-elected President. However, in the hearing
and deciding of cases, the Chief Justice and Associate Justices are equal.
How many Justices serve on the Supreme Court?
The Constitution does not specify the size of the Supreme Court; instead, Congress has the power to fix the number of
Justices. Originally, the total number of Justices was set at six; in later years, the size of the body fluctuated between
five and ten. In 1869, the number of Justices was set at nine, and it has remained at nine ever since.
How does one become a Supreme Court Justice?
The power to appoint Justices belongs to the President under the Constitution (Article II, Section 2). The “advice and
consent” of the Senate is required for any Supreme Court appointment. The Senate Judiciary Committee conducts
hearings to question nominees and determine their suitability. Thereafter, the whole Senate considers the nomination; a
simple majority vote is required to confirm or to reject a nominee. In some instances, the Senate may defeat a nominee
by failing to take a final vote on the nominee, rather than by explicit rejection. For example, the minority may filibuster
a nominee, indefinitely prolonging debate and refusing to permit a vote.
How does the President select a Supreme Court Justice nominee?
The selection process of a Supreme Court Justice nominee is a careful process. The President usually chooses nominees
that will likely not veer far from the administration’s agenda after being confirmed. The President also tries to select a
nominee with strong chances for Senate confirmation; otherwise there may be negative press in a heated confirmation
battle with the Senate. Confirmation hearings are sometimes polite, quiet affairs, but some have been intensely political
dramas.
One strategy Presidents often use to secure Senate support is nominating candidates which would balance the Court’s
geographic and regional background. Many 20th-century Presidents have also tried to balance the Court’s religious,
racial, ethnic, and gender makeup. President Ronald Reagan appointed the first woman, Sandra Day O’Connor, in 1981
and the first Italian American, Antonin Scalia, in 1986. There has never been an Asian American or Latino appointed to
the Supreme Court.
How long does it take for a nominee to be confirmed?
The average number of days between nomination and confirmation for the last five Supreme Court justices is 72 days.
Justice Roberts was confirmed 72 days after his nomination, and Justice Ginsburg was confirmed in just 50 days.
What are the qualifications and background of a Supreme Court nominee?
There are no rules spelled out in the Constitution regarding the qualifications of judicial candidates. Justices, however,
have all been lawyers, and most had pursued legal and political careers before serving on the Court. Many Justices
served as members of Congress, governors, or members of the Cabinet. Several nominees have formerly served on
federal Courts of Appeals, especially the Court of Appeals for the District of Columbia, which is often considered a
stepping stone to the Supreme Court.
How long does a Justice serve on the court?
A Supreme Court Justice is a lifetime appointment. However, Justices may resign, retire into senior status, or be
removed by impeachment and conviction. Justices can only be removed from the Court by being impeached (accused)
by a majority vote of the U.S. House of Representatives and convicted by a two-thirds vote of the Senate. The
Constitution does not outline the standard for an impeachable offense although the consensus is that removal should be
for criminal or ethical misconduct, not for partisan political reasons.
Who are the current Justices?
As of May 1, 2009, the Justices of the Supreme Court of the United States are:
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John G. Roberts, Jr., Chief Justice
John Paul Stevens, Associate Justice
Antonin Scalia, Associate Justice
Anthony M. Kennedy, Associate Justice
David H. Souter, Associate Justice*
Clarence Thomas, Associate Justice
Ruth Bader Ginsburg, Associate Justice
Stephen Breyer, Associate Justice
Samuel Alito, Associate Justice
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* On May 1, 2009, Justice Souter confirmed to the White House that he intends to retire at the end of the court's
term in June, at the age of 69. Judge Sonia Sotomayor was nominated by President Obama to fill this vacancy on
May 26, 2009.
How long is a Supreme Court term?
A term of the Supreme Court commences on the first Monday of each October and continues until June or July of the
following year. Each term consists of alternating periods of approximately two weeks known as “sittings” and
“recesses.” Justices hear cases and deliver rulings during sittings; they discuss cases and write opinions during recesses.
What cases can the Supreme Court hear?
The Constitution gives the Supreme Court two types of jurisdiction: appellate and original jurisdiction. The Court’s
most important jurisdiction is appellate, the power to hear appeals of cases decided in lower federal courts and state
supreme courts. The Court’s appellate jurisdiction extends to seven classes of cases. The Court issues its most farreaching constitutional decisions on issues involving the Constitution, federal law, and treaties.
In contrast, the Court rarely exercises its original jurisdiction, which involves cases that have not been previously heard
in other courts. This includes cases affecting ambassadors and other foreign officials, and cases in which a state is a
party.
How many petitions to hear cases does the Supreme Court receive each year?
Over 7,000 petitions asking the Court to review their case are filed each year. These are written documents, called a writ
of certiorari, filed by someone who lost a case in a lower court, asking the Supreme Court to grant a review of the lower
court’s decision. The Supreme Court can either agree to hear a case (“grant a writ of certiorari” or “grant cert”), or
choose not to hear it (“deny cert”).
How many cases does the Supreme Court agree to hear each year?
Each year, the Court agrees to hear (grants cert to) about 100 cases with plenary review—that is, with the Justices
listening and asking questions during oral arguments by the attorneys—and about 50-60 cases a year without plenary
review.
How does the Supreme Court choose which cases to hear?
The Justices review the facts and arguments of each potential case and evaluate which cases should be heard. Reasons
for choosing a case may include the importance of an issue and discrepancies among lower court decisions. Four out of
the nine Justices must vote to hear the case for the Court to take it up.
What happens when the Supreme Court decides a case?
Since the Supreme Court is the final court of appeal, the individuals involved in the case have to abide by the Court’s
decision. Lower courts, too, must follow the Supreme Court’s rulings on relevant laws and issues. In deciding a case,
the Court can also rule a law unconstitutional and therefore invalid. Supreme Court decisions can be overruled by a
constitutional amendment or by a later ruling by the Court itself.
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