What the Supreme Court Does
The Supreme Court is the nation's highest court. It decides cases about the Constitution and federal law, and its rulings are the last word in the courts.
The basics
- The Supreme Court is the top federal court. It decides real cases about the Constitution and federal law. It does not give advice on questions that aren't actual cases.
- Judicial review is the Court's power to strike down laws or government actions that conflict with the Constitution. The Court confirmed this power in Marbury v. Madison (1803).
- The Constitution doesn't set the number of justices; Congress does, by law. The number has ranged from five to ten and has been nine since 1869.
- The president nominates justices, and the Senate must confirm them. Justices serve during good behavior, which means they can stay as long as they choose unless impeached and removed.
- Most cases arrive as a petition for a writ of certiorari, a request to review a lower court's ruling. At least four justices have to agree to take a case, and the Court accepts only a small share.
Why it matters to you
Supreme Court decisions can shape your rights for decades. Knowing how the Court works helps you make sense of the news when a big ruling comes out.
Myth vs. fact
MythThe Constitution says there must be nine justices.
FactIt sets no number. Congress decides by law, and the number has been nine since 1869.
MythThe Supreme Court has to hear every case appealed to it.
FactFor most cases, it chooses. It gets thousands of requests each year and agrees to hear only a small share.
Where people disagree
Should Supreme Court justices serve fixed terms, such as 18 years, instead of serving for life?
Supporters say
- Fixed terms would let presidents fill seats on a regular schedule and make the Court's membership more predictable.
- Regular turnover would keep the Court more closely in line with election results over time.
Critics say
- Life tenure, which the Constitution protects, keeps justices independent, and fixed terms would weaken that independence.
- Fixed terms would make confirmations more openly political and tie the Court more closely to who wins elections.
We present the main arguments fairly. We don't take sides.
What you can do
- Listen to a Supreme Court oral argument. The Court posts the audio on supremecourt.gov the same day a case is argued.
- Read Article III of the Constitution to see what it says, and doesn't say, about the courts.
- When a major ruling comes out, read a plain-language summary from a nonpartisan source before forming your view.
Sources
- https://www.supremecourt.gov/about/constitutional.aspx
- https://www.supremecourt.gov/about/faq_general.aspx
- https://www.govinfo.gov/content/pkg/GOVPUB-PR-PURL-gpo173589/pdf/GOVPUB-PR-PURL-gpo173589.pdf
- https://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/supreme-1
- https://www.scotusblog.com/2021/12/presidential-court-commission-approves-final-report-identifying-disagreement-on-expansion
General information, not legal advice. Rules can vary by state; check your official sources.