What Is the Every Day Life of a Supreme Court Justice?
Codified in Article 3 of The United States Constitution as the judicial branch of government, the Supreme Court is the ultimate arbiter of issues regarding the Constitution or federal law. The court decides between 100 and 150 cases per year, and the decisions of the court are reported as "opinions." The nine justices have lifetime tenure; when there is an opening on the court, the U.S. president appoints a new justice, and the Senate decides whether to approve the appointment.
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Writs of Certiorari
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Referred to as writs of certiorari, the Supreme Court receives approximately 7,000 petitions each year. The screening process begins with the court's law clerks, who select the applications they consider worthy of consideration by the justices. Not all petitions result in automatic appeals, and not all parties will have their case heard by the Supreme Court.
Selection of Cases by the Justices
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After they are pared down by the clerks, the justices discuss the petitions in a closed conference meeting led by the chief justice. After the discussion, the justices vote aloud, beginning with the chief justice and followed by the other justices in order of seniority, to decide which cases they consider worthy of deliberation. A case needs at least four votes to be considered, although five justices must vote to grant a stay of execution in a death penalty case.
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Considerations During Case Selection
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The court generally contemplates three questions during consideration: Does a discrepancy between two lower court decisions require resolution by a higher court; does a lower court decision diverge from an existing Supreme Court ruling; and, does the issue have broader social significance beyond the two parties involved. Chief Justice Rehnquist said whether a case is accepted "strikes me as a rather subjective decision, made up in part of intuition and in part of legal judgment."
Argument Days
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The court's calendar begins the first Monday in October and runs through late April. Before oral arguments, each petitioner submits to the court a legal brief outlining the points of law. The court hears approximately two one-hour oral arguments a day, during which the attorney for each party can present her case and answer questions from the justices. Arguments are held Mondays, Tuesdays and Wednesdays in two-week intervals.
Conference Days
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During the argument week, there are two closed-door conferences, held on Wednesdays and Fridays. The chief justice calls the session to order and, as a sign of good will, all the justices shake hands. The justices first discuss that week's petitions for certiorari. On Wednesdays, they consider the cases argued on Mondays and Tuesdays, and on Fridays they consider cases argued on Wednesdays. When not in session, the court only holds the Friday conference.
Voting
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During the justices' conference, every justice can make statements regarding the case and raise any concerns or questions. As dictated by protocol, each justice may speak without interruption. The chief justice speaks first, followed by the other justices in descending order of seniority. Once all have spoken, the chief justice casts the first vote, followed by the other justices in descending order of seniority.
Writing the Opinion
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Who writes the final decision of the court hinges on the vote of the chief justice. If the chief justice voted with the majority, he may write the opinion himself or delegate it to another justice in the majority. If the chief justice voted with the minority, the most senior justice in the majority may author the opinion or delegate it to another. Dissenting opinions, written by the minority justices who do not agree with the majority opinion, and concurring opinions, written by a justice in the majority who agrees with the outcome of the decision but not the rationale for it, accompany the majority opinion. The opinion may include several dissenting opinions
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