What Is the Proper Role of Supreme Court Justices?
The U.S. Supreme Court is composed of nine members, the Chief Justice John G. Roberts Jr. (in 2010) and eight associate justices. The Supreme Court justices decide cases as a whole. Six justices constitute a quorum and five justice's votes decide a case. When in court, the chief justice sits in the middle and the associate justices sit in order of their seniority.
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Appointment of Justices
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The president appoints the justices of the U.S. Supreme Court, and the U.S. Senate confirms their appointments. The president appoints justices for a life term, and they can only be removed through impeachment, a rare event. The confirmation process is often quite contentious politically, with senators arguing for or against a nominee.
Rule of Four
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Technically, you can appeal any case to the U.S. Supreme Court. Approximately 10,000 cases are filed each year, but, in actuality, the Supreme Court justices only choose to hear about 100 cases. The justices vote on which cases have legal issues they consider important enough for the Supreme Court to address. At least four of the nine justices must vote to accept a case--the "Rule of Four." If the justices do not vote to accept a case for the docket, it is dismissed "per curiam"--Latin for "by the court."
A dismissal does not mean the justices agree with the lower court's decision, only that the case is not important enough for them to hear. Justices usually select cases which could have implications for interpretation of the constitution or federal law.
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Briefs and Oral Arguments
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Supreme Court justices read legal briefs (written documents outlining the legal points of the case) submitted by each side of a case. Prior to oral arguments, the justices know the legal arguments as well as the facts of the case. The Supreme Court justices listen to oral arguments presented by each side and question the attorneys about their positions.
Sessions
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Beginning on the first Monday of October (the beginning of the term), the Supreme Court justices listen to two arguments each morning (one hour each), three days per week, and sometimes hear arguments in the afternoon if the docket is busy. During recesses, the justices review briefs, discuss cases, write opinions and review potential cases to decide if they should be heard.
Opinions
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The justices discuss and cast preliminary votes on each case in private without even staff in attendance. The chief justice either writes the opinion himself or appoints one of the associate justices to write the opinion if he is on the majority side of the case. If the chief justice is not on the majority side, the justice with highest seniority either writes the opinion or assigns it to one of the other justices. The same procedure is followed if a minority opinion is written--the justice with the highest seniority either writes the opinion or appoints someone to do so.
Any justice may write her own opinion in support of the majority or minority decision on any case. The justices are not under obligation to reach a decision by any point in time. The justices decide all cases for a term prior to the summer recess at the end of June.
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References
Resources
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