United States of America
This article is part of the series on the  United States Supreme Court Motto: (traditional) In God We Trust (official, 1956–present) Anthem: The Star-Spangled Banner Capital Washington, D.C. Largest city New York City Official language(s) None at the federal level; English de facto Government Federal Republic  - President George W. Bush (R)  - Vice President Dick Cheney (R) Independence - Declared - Recognized... Image File history File links No higher resolution available. ...
The Court
Decisions · Process History · Building This is an index of chronological lists of notable cases decided by the Supreme Court of the United States. ... The Supreme Court of the United States is the only court specifically established by the Constitution of the United States, implemented in 1789. ... The Supreme Court of the United States is the only court specifically established by the Constitution of the United States, implemented in 1789; under the Judiciary Act of 1789, the Court was to be composed of six members—though the number of justices has been nine for almost all of... Supreme Court building in Washington, D.C. The buildings facade underwent renovation during the summer of 2006. ...
Current membership
Chief Justice John Roberts Associate Justices John Paul Stevens Antonin Scalia Anthony Kennedy David Souter Clarence Thomas Ruth Bader Ginsburg Stephen Breyer Samuel Alito Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      The Chief Justice of the United States is the head of the judicial... John G. Roberts, Jr. ... Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States. ... John Paul Stevens (born April 20, 1920) is currently the most senior Associate Justice of the Supreme Court of the United States. ... Antonin Gregory Scalia (born March 11, 1936[1]) is an American jurist and the second most senior Associate Justice of the Supreme Court of the United States. ... This article is about the Associate Justice of the U.S. Supreme Court. ... David Hackett Souter (born September 17, 1939) has been an Associate Justice of the Supreme Court of the United States since 1990. ... Clarence Thomas (born June 23, 1948) is an American jurist and has been an Associate Justice of the Supreme Court of the United States since 1991. ... Ruth Joan Bader Ginsburg (born March 15, 1933, Brooklyn, New York) is an Associate Justice on the U.S. Supreme Court. ... Stephen Gerald Breyer (born August 15, 1938) is an American attorney, political figure, and jurist. ... Samuel Anthony Alito, Jr. ... Retired Associate Justice Sandra Day O'Connor Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States. ... Sandra Day OConnor (born March 26, 1930) is an American jurist who served as the first female Associate Justice of the Supreme Court of the United States from 1981 to 2006. ...
All members
List of all members (by court • by seat • by time in office) List of Chief Justices (by time in office) A Justice on the Supreme Court of the United States is nominated by the President of the United States and approved by the U.S. Senate, with at least half of that body approving in the affirmative. ... In order to become a Justice on the Supreme Court of the United States, an individual must be nominated by the President of the United States and approved by the U.S. Senate, with at least half of that body approving in the affirmative. ... In order to become a Justice on the Supreme Court of the United States, an individual must be nominated by the President of the United States and approved by the U.S. Senate, with at least half of that body approving in the affirmative. ... This is a list of U.S. Supreme Court Justices by time in office. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      The Chief Justice of the United States is the head of the judicial... This is a list of U.S. Chief Justices by time in office. ... All nominations Unsuccessful nominations To become a Justice on the Supreme Court of the United States, an individual must be nominated by the President of the United States and approved by the U.S. Senate, with at least half of that body approving in the affirmative. ... Justices of the Supreme Court of the United States are nominated by the President and confirmed by the Senate. ... Court demographics The demographics of the Supreme Court of the United States have been raised as an issue in various contexts over the last century. ...
Court functionaries
Clerks · Reporter of Decisions Supreme Court Police The Clerk of the Supreme Court of the United States is the officer of the Supreme Court of the United States responsible for overseeing filings with the Court and maintaining its records. ... The Reporter of Decisions of the Supreme Court of the United States is the official charged with editing and publishing the Courts decisions both when announced and in the bound volumes of the United States Reports. ... The Supreme Court of the United States Police is a small yet growing federal law enforcement agency in the District of Columbia, whose mission is to ensure the integrity of the Constitutional mission of the Supreme Court by protecting the United States Supreme Court building, the Justices, employees, guests, and...
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United States

This article is part of the series: Politics and government of the United States Image File history File links US-GreatSeal-Obverse. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      Politics of the United States takes place in a framework of a presidential...

Federal government Constitution Taxation Human Rights Legislative Congress Senate President pro tempore Party Leaders House Speaker Party Leaders Congressional districts Executive President Vice President Cabinet Judiciary Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties Subdivisions State Governors Legislatures (List) State Courts Local Government

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The Supreme Court of the United States (sometimes colloquially referred to by the acronym SCOTUS^[1]) is the highest judicial body in the United States and leads the federal judiciary. It consists of the Chief Justice of the United States and eight Associate Justices, who are nominated by the President and confirmed with the "advice and consent" of the Senate. Justices serve "during good Behaviour,"^[2] which terminates at death, resignation, retirement, or conviction on impeachment.^[3] The Court meets in Washington, D.C. in the United States Supreme Court building. The Supreme Court is primarily an appellate court, but has original jurisdiction in a small number of cases.^[4] This article describes the government of the United States. ... The human rights record of the United States of America has featured an avowed commitment to the protection of specific personal political, religious and other freedoms. ... Type Bicameral Houses Senate House of Representatives President of the Senate President pro tempore Dick Cheney, (R) since January 20, 2001 Robert C. Byrd, (D) since January 4, 2007 Speaker of the House Nancy Pelosi, (D) since January 4, 2007 Members 535 plus 4 Delegates and 1 Resident Commissioner Political... Type Upper House President of the Senate Richard B. Cheney, R since January 20, 2001 President pro tempore Robert C. Byrd, D since January 4, 2007 Members 100 Political groups Democratic Party Republican Party Last elections November 7, 2006 Meeting place Senate Chamber United States Capitol Washington, DC United States... Robert C. Byrd of West Virginia the current President pro tempore of the United States Senate. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      The Senate Majority and Minority Leaders (also called Senate Floor Leaders) are two... Type Bicameral Speaker of the House of Representatives House Majority Leader Nancy Pelosi, (D) since January 4, 2007 Steny Hoyer, (D) since January 4, 2007 House Minority Leader John Boehner, (R) since January 4, 2007 Members 435 plus 4 Delegates and 1 Resident Commissioner Political groups Democratic Party Republican Party... The Speaker of the United States House of Representatives is the presiding officer—or speaker—of the United States House of Representatives. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      Party leaders of the United States House of Representatives are elected by their... Congressional districts for representation in the United States House of Representatives are determined after each census. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      For other uses, see President of the United States (disambiguation). ... The Vice President of the United States[1] (sometimes referred to as VPOTUS[2] or Veep) is the first in the presidential line of succession, becoming the new President of the United States upon the death, resignation, or removal of the president. ... The Cabinet meets in the Cabinet Room on May 16, 2001. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      The United States federal courts are the system of courts organized under the... The United States courts of appeals (or circuit courts) are the mid-level appellate courts of the United States federal court system. ... Map of the boundaries of the United States Courts of Appeals and United States District Courts The United States district courts are the general trial courts of the United States federal court system. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countriesAtlas  Politics Portal      The United States has a federal government, with elected officials at federal (national), state and... Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Counties, Cities, and Towns Other countries Politics Portal      United States presidential elections determine who serves as president and vice president of the United... Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures State Courts Counties, Cities, and Towns Other countries Politics Portal      Midterm elections are elections in the United States in which members of Congress, state legislatures, and... Political parties in the United States lists political parties in the United States. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  Politics Portal      Further information: Politics of the United States#Organization of American political parties The Democratic... GOP redirects here. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      Third parties in the United States are political parties other than the two... Wikipedia does not yet have an article with this exact name. ... Current party control of Governors offices (2006). ... Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures State Courts Counties, Cities, and Towns Other countries Politics Portal      In the United States of America, a state legislature is a generic term referring to the... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      All United States states are required to possess a legislative branch. ... In the U.S., a state court has jurisdiction over disputes which occur in a state. ... Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Counties, Cities, and Towns Other countries Politics Portal      Local government in the United States (sometimes referred to as municipal government) is generally structured... Information on politics by country is available for every country, including both de jure and de facto independent states, inhabited dependent territories, as well as areas of special sovereignty. ... Look up acronym, initialism, alphabetism in Wiktionary, the free dictionary. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      The United States federal courts are the system of courts organized under the... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      The Chief Justice of the United States is the head of the judicial... Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      For other uses, see President of the United States (disambiguation). ... For the novel, see Advise and Consent. ... Type Upper House President of the Senate Richard B. Cheney, R since January 20, 2001 President pro tempore Robert C. Byrd, D since January 4, 2007 Members 100 Political groups Democratic Party Republican Party Last elections November 7, 2006 Meeting place Senate Chamber United States Capitol Washington, DC United States... The impeachment trial of President Bill Clinton in 1999, Chief Justice William H. Rehnquist presiding. ... For other uses, see Washington, D.C. (disambiguation). ... Supreme Court building in Washington, D.C. The buildings facade underwent renovation during the summer of 2006. ... It has been suggested that this article or section be merged into Appeal. ...

History

Main article: History of the Supreme Court of the United States

The history of the Supreme Court is frequently described in terms of the Chief Justices who have presided over it. The Supreme Court of the United States is the only court specifically established by the Constitution of the United States, implemented in 1789; under the Judiciary Act of 1789, the Court was to be composed of six members—though the number of justices has been nine for almost all of...

Initially, during the tenures of Chief Justices Jay, Rutledge, and Ellsworth (1789–1801), the Court lacked a home of its own and any real prestige. John Jay (December 12, 1745 – May 17, 1829) was an American politician, statesman, revolutionary, diplomat, and jurist. ... This article is about the Governor and Chief Justice of the United States. ... Oliver Ellsworth (April 29, 1745 – November 26, 1807), an American lawyer and politician, was a revolutionary against British rule, a drafter of the United States Constitution, and third Chief Justice of the United States. ...

That changed during the Marshall Court (1801–1836), which declared the Court to be the supreme arbiter of the Constitution (see Marbury v. Madison) and made a number of important rulings which gave shape and substance to the constitutional balance of power between the federal government (referred to at the time as the "general" government) and the states. In Martin v. Hunter's Lessee, the Court ruled that it had the power to correct interpretations of the federal Constitution made by state supreme courts. Both Marbury and Martin confirmed that the Supreme Court was the body entrusted with maintaining the consistent and orderly development of federal law. For other persons named John Marshall, see John Marshall (disambiguation). ... Holding Section 13 of the Judiciary Act of 1789 is unconstitutional to the extent it purports to enlarge the original jurisdiction of the Supreme Court beyond that permitted by the Constitution. ... Martin v. ...

The Marshall Court ended the practice of each judge issuing his opinion seriatim, a remnant of British tradition, and instead one majority opinion of the Court was issued. The Marshall Court also saw Congress impeach a sitting Justice, Samuel Chase, who was acquitted. This impeachment was one piece of the power struggle between the Democratic-Republicans and the Federalists after the election of 1800 and the subsequent change in power. The failure to remove Chase is thought to signal the recognition by Congress of judicial independence. Seriatim, Latin for in series, is a legal term typically used to indicate that a court is addressing multiple issues in a certain order, such as the order that the issues were originally presented to the court. ... This article or section does not cite any references or sources. ... The Democratic-Republican Party, also known as the Republican Party , was founded by Thomas Jefferson and James Madison in 1792. ... The Federalist Party (or Federal Party) was an American political party in the period 1792 to 1816, with remnants lasting into the 1830s. ... In the United States presidential election of 1800, sometimes referred to as the “Revolution of 1800”, Thomas Jefferson defeated John Adams. ... Judicial independence is the doctrine that decisions of the judiciary should be impartial and not subject to influence from the other branches of government or from private or political interests. ...

The Taney Court (1836–1864) made a number of important rulings, such as Sheldon v. Sill, which held that while Congress may not limit the subjects the Supreme Court may hear, it may limit the jurisdiction of the lower federal courts to prevent them from hearing cases dealing with certain subjects. However, it is primarily remembered for its ruling in Dred Scott v. Sandford, the case which may have helped precipitate the Civil War. In the years following the Civil War, the Chase, Waite, and Fuller Courts (1864–1910) interpreted the new Civil War amendments to the Constitution, and developed the doctrine of substantive due process (Lochner v. New York; Adair v. United States). Roger Brooke Taney (March 17, 1777 – October 12, 1864) was the fifth Chief Justice of the United States, from 1836 until his death in 1864, and the first Roman Catholic to hold that office. ... Sheldon v. ... Holding States do not have the right to claim an individuals property that was fairly theirs in another state. ... The American Civil War was fought in the United States from 1861 until 1865 between the northern states, popularly referred to as the U.S., the Union, the North, or the Yankees; and the seceding southern states, commonly referred to as the Confederate States of America, the CSA, the Confederacy... Salmon Portland Chase (January 13, 1808 – May 7, 1873) was an American politician and jurist in the Civil War era who served as Senator from Ohio, Governor of Ohio, as U.S. Treasury Secretary under President Abraham Lincoln, and Chief Justice of the United States. ... Morrison Remick Waite (November 29, 1816 – March 23, 1888) was the Chief Justice of the United States from 1874 to 1888. ... Melville Weston Fuller (February 11, 1833 – July 4, 1910) was the Chief Justice of the United States between 1888 and 1910. ... Due process of law is a legal concept that ensures the government will respect all of a persons legal rights instead of just some or most of those legal rights, when the government deprives a person of life, liberty, or property. ... Holding New Yorks regulation of the working hours of bakers was not a justifiable restriction of the right to contract freely under the 14th Amendments guarantee of liberty. ... Adair v. ...

Under the White and Taft Courts (1910–1930), the substantive due process doctrine reached its first apogee (Adkins v. Children's Hospital), and the Court held that the Fourteenth Amendment applied some provisions of the Bill of Rights to the states through the Incorporation doctrine. Edward Douglass White (November 3, 1845 – May 19, 1921), American politician and jurist, was a United States Senator, Associate Justice of the Supreme Court of the United States and the ninth Chief Justice of the United States. ... For other persons named William Howard Taft, see William Howard Taft (disambiguation). ... Due process of law is a legal concept that ensures the government will respect all of a persons legal rights instead of just some or most of those legal rights, when the government deprives a person of life, liberty, or property. ... Holding Minimum wage law for women violated the due process right to contract freely. ... Amendment XIV in the National Archives The Fourteenth Amendment to the United States Constitution (Amendment XIV) is one of the post-Civil War amendments (known as the Reconstruction Amendments), first intended to secure rights for former slaves. ... A bill of rights is a list or summary of rights that are considered important and essential by a group of people. ... Incorporation of the Bill of Rights is the legal doctrine by which portions of the U.S. Bill of Rights are applied to the states through the Due Process Clause of the Fourteenth Amendment. ...

During the Hughes, Stone, and Vinson Courts (1930–1953), the court gained its own accommodation and radically changed its interpretation of the Constitution in order to facilitate the New Deal (West Coast Hotel Co. v. Parrish, Wickard v. Filburn), giving an expansive reading to the powers of the Federal Government. Charles Evans Hughes, Sr. ... Harlan Fiske Stone (October 11, 1872 – April 22, 1946) was an American lawyer and jurist who served as the dean of Columbia Law School, Attorney General of the United States, Associate Justice of the U.S. Supreme Court and later Chief Justice of the United States. ... Frederick Moore Vinson (January 22, 1890 – September 8, 1953) served the United States in all three branches of government. ... Supreme Court building in Washington, D.C. The buildings facade underwent renovation during the summer of 2006. ... The New Deal was the title President Franklin D. Roosevelt gave to the series of programs he initiated between 1933 and 1938 with the goal of providing relief, recovery, and reform (3 Rs) to the people and economy of the United States during the Great Depression. ... Holding Washingtons minimum wage law for women was a valid regulation of the right to contract freely because of the states special interest in protecting their health and ability to support themselves. ... Holding Production quotas under the Agricultural Adjustment Act were constitutionally applied to agricultural production that was consumed purely intrastate, because its effect upon interstate commerce placed it within the power of Congress to regulate under the Commerce Clause. ...

The Warren Court (1953–1969) made a number of alternately celebrated and controversial rulings expanding the application of the Constitution to civil liberties, leading a renaissance in substantive due process. It held that segregation in public schools is unconstitutional (Brown v. Board of Education); the Constitution protects a general right to privacy (Griswold v. Connecticut); public schools cannot have official prayer (Engel v. Vitale), or mandatory Bible readings (Abington School District v. Schempp); many guarantees of the Bill of Rights apply to the states (e.g., Mapp v. Ohio, Miranda v. Arizona); an equal protection clause is not contained in the Fifth Amendment (Bolling v. Sharpe); and that the Constitution grants the right of retaining a court appointed attorney for those too indigent to pay for one (Gideon v. Wainwright). For the swing saxophonist and occasional singer, see Earle Warren Earl Warren (March 19, 1891 – July 9, 1974) was a California district attorney of Alameda County, the 20th Attorney General of California, the 30th Governor of California, and the 14th Chief Justice of the United States (from 1953 to 1969). ... Due process of law is a legal concept that ensures the government will respect all of a persons legal rights instead of just some or most of those legal rights, when the government deprives a person of life, liberty, or property. ... Desegregation is the process of ending racial segregation, most commonly used in reference to the United States. ... Holding Segregation of students in public schools violates the Equal Protection Clause of the Fourteenth Amendment, because separate facilities are inherently unequal. ... Holding A Connecticut law criminalizing the use of contraceptives violated the right to marital privacy. ... Holding Government-directed, denominationally neutral and non-mandatory prayer in public schools violates the Establishment Clause of the First Amendment. ... Holding The Court decided 8-1 in favor of the respondent, Edward Schempp, and declared sanctioned organized Bible reading in public schools in the United States to be unconstitutional. ... Template:SCOTUSCase dad u ruleMapp v. ... Holding The Fifth Amendment privilege against self-incrimination requires law enforcement officials to advise a suspect interrogated in custody of his rights to remain silent and to obtain an attorney. ... The Equal Protection Clause is a part of the Fourteenth Amendment to the United States Constitution, providing that no state shall make or enforce any law which shall. ... Amendment V (the Fifth Amendment) of the United States Constitution, which is part of the Bill of Rights, is related to legal procedure. ... Bolling v. ... Holding The Sixth Amendment right to counsel is a fundamental right applied to the states through the Fourteenth, and requires that indigent criminal defendants be provided counsel at trial. ...

The Burger Court (1969–1986) ruled that abortion was a constitutional right (Roe v. Wade), reached controversial rulings on affirmative action (Regents of the University of California v. Bakke) and campaign finance regulation (Buckley v. Valeo), and held that the implementation of the death penalty in many states was unconstitutional (Furman v. Georgia), but that the death penalty itself was not unconstitutional (Gregg v. Georgia).^[5] Warren Earl Burger (September 17, 1907 – June 25, 1995) was Chief Justice of the United States from 1969 to 1986. ... Holding Texas law making it a crime to assist a woman to get an abortion violated her due process rights. ... Manifestations Slavery Racial profiling Lynching Hate speech Hate crime Genocide (examples) Ethnocide Ethnic cleansing Pogrom Race war Religious persecution Blood libel Paternalism Police brutality Movements Policies Discriminatory Race / Religion / Sex segregation Apartheid Redlining Internment Ethnocracy Anti-discriminatory Emancipation Civil rights Desegregation Integration Equal opportunity Counter-discriminatory Affirmative action Racial quota... Holding The Court held that while affirmative action systems are constitutional, a quota system based on race is unconstitutional. ... Holding --- Court membership Case opinions Laws applied --- Buckley v. ... Capital punishment, or the death penalty, is the execution of a convicted criminal by the state as punishment for crimes known as capital crimes or capital offences. ... Holding The arbitrary and inconsistent imposition of the death penalty violates the Eighth and Fourteenth Amendments, and constitutes cruel and unusual punishment. ... Holding The imposition of the death penalty does not, automatically, violate the Eighth and Fourteenth Amendment. ...

The Rehnquist Court (1986–2005) will primarily be remembered for its revival of the concept of federalism, which included restrictions on Congressional power under both the Commerce Clause (United States v. Lopez; United States v. Morrison) and the fifth section of the Fourteenth Amendment (City of Boerne v. Flores), as well as the fortification of state sovereign immunity (Seminole Tribe v. Florida; Alden v. Maine). It will also be remembered for its controversial 5 to 4 decision in Bush v. Gore which ended the electoral recount during the presidential election of 2000 and led to the presidency of George W. Bush. In addition, the Rehnquist court narrowed the right of labor unions to picket (Lechmere Inc. v. NLRB); altered the Roe v. Wade framework for assessing abortion regulations (Planned Parenthood v. Casey); and gave sweeping meaning to ERISA pre-emption (Shaw v. Delta Air Lines, Inc.; Egelhoff v. Egelhoff), thereby denying plaintiffs access to state courts with the consequence of limiting compensation for torts to very circumscribed remedies (Aetna Health Inc. v. Davila; CIGNA Healthcare of Texas Inc. v. Calad); and affirmed the power of Congress to extend the term of copyright (Eldred v. Ashcroft). William Hubbs Rehnquist (October 1, 1924 – September 3, 2005) was an American lawyer, jurist, and a political figure who served as an Associate Justice on the Supreme Court of the United States and later as the Chief Justice of the United States. ... For theological federalism, see Covenant Theology. ... Holding Possession of a gun near a school is not an economic activity that has a substantial effect on interstate commerce. ... Holding The Violence Against Women Act of 1994, 42 U.S.C. § 13981, is unconstitutional as exceeding congressional power under the Commerce Clause and under section 5 of the Fourteenth Amendment to the Constitution. ... City of Boerne v. ... Sovereign immunity or crown immunity is a type of immunity that, in common law jurisdictions traces its origins from early English law. ... Holding Congress does not have the power pursuant to the Commerce Clause to abrogate the sovereign immunity afforded to states under the 11th Amendment; the doctrine of Ex parte Young, which allows parties to seek relief against state officials for violations of the Constitution or laws of the United States... Holding Congress may not abrogate states sovereign immunity in their own courts. ... Holding In the circumstances of this case, any manual recount of votes seeking to meet the December 12 “safe harbor” deadline would be unconstitutional under the Equal Protection Clause of the Fourteenth Amendment. ... George Walker Bush (born July 6, 1946) is the forty-third and current President of the United States of America, originally inaugurated on January 20, 2001. ... Lechmere Inc. ... Holding A Pennsylvania law that required spousal notification prior to obtaining an abortion was invalid under the Fourteenth Amendment because it created an undue burden on married women seeking an abortion. ... The following, taken from http://www. ... Egelhoff v. ... Holding 20-year retroactive extension of existing copyright terms did not violate the Copyright Clause or the First Amendment of the United States Constitution. ...

The Roberts Court (2005–present) began with the confirmation and swearing in of Chief Justice John G. Roberts on September 29, 2005, and is the currently presiding court. Though still too early to call it a definite trend, the Court under Chief Justice Roberts is perceived^[6] as moving towards the conservative end of the spectrum. Some of the major rulings so far have been in the areas of free speech (Garcetti v. Ceballos and Morse v. Frederick); the death penalty (Kansas v. Marsh); abortion (Gonzales v. Carhart); the Fourth Amendment (Hudson v. Michigan); school desegregation (Parents v. Seattle); and anti-trust legislation (Leegin Creative Leather Products, Inc. v. PSKS, Inc.). The Roberts Court, with Chief Justice Roberts recusing himself, ruled in favor of some constitutional protections for non-citizen Guantanamo detainees in Hamdan v. Rumsfeld. The Court heard oral arguments on the Guantanamo habeas corpus case Al Odah v. United States on December 5 of the 2007-2008 term, and a decision is expected by the end of the term. [edit] John G. Roberts, Jr. ... is the 272nd day of the year (273rd in leap years) in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... Holding Statements made by public employees pursuant to their official duties are not protected by the First Amendment from employer discipline. ... Holding Because schools may take steps to safeguard those entrusted to their care from speech that can reasonably be regarded as encouraging illegal drug use, the school officials in this case did not violate the First Amendment by confiscating the pro-drug banner and suspending Frederick. ... Holding The Eighth Amendment did not prohibit states from imposing the death penalty when mitigating and aggravating sentencing factors were in equipose. ... Holding Respondents have not demonstrated that the Act, as a facial matter, is void for vagueness, or that it imposes an undue burden on a womans right to abortion based on its overbreadth or lack of a health exception. ... Holding A violation of the knock-and-announce rule by police does not require the suppression of the evidence found during a search. ... It has been suggested that Meredith v. ... Holding is overruled and vertical price restraints are to be judged by the rule of reason. ... For the case involving a United States citizen, see Hamdi v. ... For other uses, see Habeas corpus (disambiguation). ... Wikisource has original text related to this article: Declaration of Stephen Abraham, Lieutenant Colonel, United States Army Reserve, June 14th, 2007 // is a court case filed by the Center for Constitutional Rights and co-counsels challenging the legality of the continued detention, without charge, of Guantanamo detainees. ...

Composition

Size of the Court

The United States 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 by the Judiciary Act of 1789. As the country grew geographically, the number of Justices steadily increased to correspond with the growing number of judicial circuits. The court was expanded to seven members in 1807, nine in 1837 and ten in 1863. In 1866, however, Congress wished to deny President Andrew Johnson any Supreme Court appointments, and therefore passed the Judicial Circuits Act, which provided that the next three Justices to retire would not be replaced; thus, the size of the Court would eventually reach seven by attrition. Consequently, one seat was removed in 1866 and a second in 1867. By the Circuit Judges Act of 1869, the number of Justices was again set at nine (the Chief Justice and eight Associate Justices), where it has remained ever since. President Franklin D. Roosevelt attempted to expand the Court (see Judiciary Reorganization Bill of 1937); his plan would have allowed the President to appoint one new, additional justice for every justice who reached the age of seventy but did not retire from the bench, until the Court reached a maximum size of fifteen justices. Ostensibly, this was to ease the burdens of the docket on the elderly judges, but it was widely believed that the President's actual purpose was to add Justices who would favor his New Deal policies, which had been regularly ruled unconstitutional by the Court. This plan, referred to often as the Court Packing Plan, failed in Congress. The Court, however, moved from its opposition to Roosevelt's New Deal programs, rendering the President's effort moot. In any case, Roosevelt's long tenure in the White House allowed him to appoint eight Justices to the Supreme Court (second only to George Washington) and promote one Associate Justice to Chief Justice.^[7] The first page of the Judiciary Act of 1789 The United States Judiciary Act of 1789 (1 Stat. ... For other persons of the same name, see Andrew Johnson (disambiguation). ... The Judicial Circuits Act of 1866 reorganized the United States federal judicial circuit courts and provided for the gradual elimination of several seats on the Supreme Court of the United States. ... The Judiciary Act of 1869 (16 Stat. ... FDR redirects here. ... The Judiciary Reorganization Bill of 1937, frequently called the Court-packing Bill, was a law proposed by United States President Franklin Roosevelt. ... The New Deal was the title President Franklin D. Roosevelt gave to the series of programs he initiated between 1933 and 1938 with the goal of providing relief, recovery, and reform (3 Rs) to the people and economy of the United States during the Great Depression. ... The Judiciary Reorganization Bill of 1937, frequently called the Court-packing Bill, was a law proposed by United States President Franklin Roosevelt. ... “The switch in time that saved nine” was the name given by the press to the apparent sudden shift by Justice Owen J. Roberts from the conservative wing of the Supreme Court (represented by the Four Horsemen) to the liberal wing (represented by Three Musketeers) in the case West Coast... George Washington (February 22, 1732 – December 14, 1799)[1] led Americas Continental Army to victory over Britain in the American Revolutionary War (1775–1783), and in 1789 was elected the first President of the United States of America. ...

Nomination

Article II of the Constitution gives the President power to nominate justices, who are then appointed "by and with the Advice and Consent of the Senate." As a general rule, Presidents nominate individuals who broadly share their ideological views. In many cases, a Justice's decisions may be contrary to what the nominating President anticipated. A famous instance was Chief Justice Earl Warren; President Eisenhower expected him to be a conservative judge, but his decisions are arguably among the most liberal in the Court's history. Eisenhower later called the appointment "the biggest damn fool mistake I ever made."^[8] Because the Constitution does not set forth any qualifications for service as a Justice, the President may nominate anyone to serve. However, that person must receive the confirmation of the Senate, meaning that a majority of that body must find that person to be a suitable candidate for a lifetime appointment on the nation's highest court. Wikisource has original text related to this article: Article Two of the United States Constitution Article Two of the United States Constitution creates the executive branch of the government, comprising the President and other executive officers. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      For other uses, see President of the United States (disambiguation). ... For the novel, see Advise and Consent. ... Type Upper House President of the Senate Richard B. Cheney, R since January 20, 2001 President pro tempore Robert C. Byrd, D since January 4, 2007 Members 100 Political groups Democratic Party Republican Party Last elections November 7, 2006 Meeting place Senate Chamber United States Capitol Washington, DC United States... For the swing saxophonist and occasional singer, see Earle Warren Earl Warren (March 19, 1891 – July 9, 1974) was a California district attorney of Alameda County, the 20th Attorney General of California, the 30th Governor of California, and the 14th Chief Justice of the United States (from 1953 to 1969). ... Dwight David Eisenhower, born David Dwight Eisenhower (October 14, 1890 – March 28, 1969), nicknamed Ike, was a five-star General in the United States Army and U.S. politician, who served as the thirty-fourth President of the United States (1953–1961). ...

Confirmation

In modern times, the confirmation process has attracted considerable attention from special-interest groups, many of which lobby senators to confirm or to reject a nominee, depending on whether the nominee's track record aligns with the group's views. The Senate Judiciary Committee conducts hearings, questioning nominees to determine their suitability. At the close of confirmation hearings, the Committee votes on whether the nomination should go to the full Senate with a positive, negative or neutral report. The U.S. Senate Committee on the Judiciary (informally Senate Judiciary Committee) is a standing committee of the United States Senate, the upper house of the United States Congress. ... The United States Senate is the upper house of the U.S. Congress, smaller than the United States House of Representatives. ...

The practice of the nominee being questioned in person by the Committee is relatively recent. The first nominee to testify before the Committee was Harlan Fiske Stone in 1925. Some western senators were concerned with his links to Wall Street and expressed their opposition when Stone was nominated. Stone proposed what was then the novelty of appearing before the Judiciary Committee to answer questions; his testimony helped secure a confirmation vote with very little opposition. The second nominee to appear before the Committee was Felix Frankfurter, who only addressed (at the Committee's request) what he considered to be slanderous allegations against him. The modern practice of the Committee questioning nominees on their judicial views began with the nomination of John Marshall Harlan II in 1955; the nomination came shortly after the Court handed down the landmark Brown v. Board of Education decision, and several Southern senators attempted to block Harlan's confirmation, hence the decision to testify.^[9] Harlan Fiske Stone (October 11, 1872 – April 22, 1946) was an American lawyer and jurist who served as the dean of Columbia Law School, Attorney General of the United States, Associate Justice of the U.S. Supreme Court and later Chief Justice of the United States. ... Felix Frankfurter (November 15, 1882 – February 22, 1965) was an Associate Justice of the United States Supreme Court. ... John Marshall Harlan II (May 20, 1899 – December 29, 1971) was an American jurist. ... Holding Segregation of students in public schools violates the Equal Protection Clause of the Fourteenth Amendment, because separate facilities are inherently unequal. ...

Once the committee reports out the nomination, the whole Senate considers it; a simple majority vote is required to confirm or to reject a nominee. Rejections are relatively uncommon; the Senate has explicitly rejected only twelve Supreme Court nominees in its history. The most recent rejection of a nominee by vote of the full Senate came in 1987, when the Senate refused to confirm Robert Bork. List of Failed Nominations to the Supreme Court of the United States contains unsuccessful nominations to the court, however, individuals on this list may have been appointed and confirmed at a later date. ... Robert Heron Bork (born March 1, 1927) is a conservative American legal scholar who advocates the judicial philosophy of originalism. ...

Not everyone nominated by the President has received a floor vote in the Senate. Although Senate rules do not necessarily allow a negative vote in committee to block a Supreme Court nomination, a nominee may be filibustered once debate on the nomination has begun in the full Senate. A filibuster indefinitely prolongs the debate thereby preventing a final vote on the nominee. While senators may attempt to filibuster a Supreme Court nominee in an attempt to thwart confirmation, no nomination for Associate Justice has ever been filibustered. However, President Lyndon Johnson's nomination of sitting Associate Justice Abe Fortas to succeed Earl Warren as Chief Justice was successfully filibustered in 1968. As a form of obstructionism in a legislature or other decision making body, a filibuster is an attempt to extend debate upon a proposal in order to delay or completely prevent a vote on its passage. ... As a form of obstructionism in a legislature or other decision making body, a filibuster is an attempt to extend debate upon a proposal in order to delay or completely prevent a vote on its passage. ... Abe Fortas (June 19, 1910–April 5, 1982) was a U.S. Supreme Court associate justice. ... For the swing saxophonist and occasional singer, see Earle Warren Earl Warren (March 19, 1891 – July 9, 1974) was a California district attorney of Alameda County, the 20th Attorney General of California, the 30th Governor of California, and the 14th Chief Justice of the United States (from 1953 to 1969). ...

It is also possible for the President to withdraw a nominee's name at any time before the actual confirmation vote occurs. This usually happens when the President feels that the nominee has little chance of being confirmed: most recently, President George W. Bush withdrew his nomination of Harriet Miers before committee hearings had begun, citing concerns about Senate requests during her confirmation process for access to internal Executive Branch documents resulting from her position as White House Counsel. In 1987, President Ronald Reagan withdrew the nomination of Douglas H. Ginsburg because of allegations of marijuana use. George Walker Bush (born July 6, 1946) is the forty-third and current President of the United States of America, originally inaugurated on January 20, 2001. ... Harriet Ellan Miers (born August 10, 1945 in Dallas, Texas) is an American lawyer, and former White House Counsel. ... The White House Counsel is a staff appointee of the President of the United States. ... Reagan redirects here. ... Douglas H. Ginsburg Douglas Howard Ginsburg (born May 25, 1946) is the Chief Judge of the United States Court of Appeals for the District of Columbia Circuit. ...

Until 1981, the approval process of Justices was frequently quick. From the Truman through Nixon administrations, Justices were typically approved within one month. From the Reagan administration through the current administration of George W. Bush, however, the process took much longer. Some speculate this is because of the increasingly political role Justices are said to play.^[10]

Recess appointments

When the Senate is in recess, the President may make a temporary appointment without the Senate's advice and consent. Such a recess appointee to the Supreme Court holds office only until the end of the next Senate session (at most, less than two years). To continue to serve thereafter and be compensated for his or her service, the nominee must be confirmed by the Senate. Of the two Chief Justices and six Associate Justices who have received recess appointments, only Chief Justice John Rutledge was not subsequently confirmed for a full term. No president since Dwight Eisenhower has made a recess appointment to the Supreme Court and the practice has become highly controversial even when applied to lower federal courts. A recess appointment occurs when the President of the United States fills a vacant Federal position during a recess of the United States Senate. ... This article is about the Governor and Chief Justice of the United States. ... Dwight David Ike Eisenhower (October 14, 1890–March 28, 1969), American soldier and politician, was the 34th President of the United States (1953–1961) and supreme commander of the Allied forces in Europe during World War II, with the rank of General of the Army. ...

Tenure

The Constitution provides that Justices "shall hold their Offices during good Behavior" (unless appointed during a Senate recess). The term "good behavior" is interpreted to mean that the Justices may serve for the remainder of their lives, although this is not compulsory as they may resign or retire voluntarily. A Justice may also be removed by impeachment and conviction by congressional vote, but only one Justice has ever been impeached by the House (Samuel Chase, in 1805) and he was acquitted by the Senate, making impeachment as a restraint on the court something of a paper tiger. Moves to impeach sitting justices have occurred more recently (for example, William O. Douglas was the subject of hearings twice, once in 1953 and once in 1970), but they have not even reached a vote in the House. This article or section does not cite any references or sources. ... Paper tiger is a literal English translation of the Chinese phrase zhǐ lǎohǔ (Chinese: ), meaning something which seems as threatening as a tiger, but is really harmless. ... William Orville Douglas (October 16, 1898 – January 19, 1980) was a United States Supreme Court Associate Justice. ...

Because Justices have indefinite tenure, it is impossible to predict when a vacancy will next occur. Sometimes vacancies arise in quick succession, as in the early 1970s when Lewis Powell and William H. Rehnquist were nominated to replace Hugo Black and John Marshall Harlan II, who retired within a week of each other because of health problems and died shortly thereafter. Sometimes a great length of time passes between nominations such as the eleven years between Stephen Breyer's nomination in 1994 and the departures of Chief Justice Rehnquist and Justice O'Connor (by death and retirement, respectively) in 2005. Lewis Franklin Powell, Jr. ... William H. Rehnquist has served as the Chief Justice of the United States since 1986. ... Hugo Black Hugo LaFayette Black (February 27, 1886 – September 25, 1971) was a Justice of the Supreme Court of the United States (1937 - 1971). ... John Marshall Harlan II (May 20, 1899 – December 29, 1971) was an American jurist. ... Stephen Gerald Breyer (born August 15, 1938) is an American attorney, political figure, and jurist. ...

Despite the variability, all but four Presidents so far have been able to appoint at least one Justice. The exceptions are William Henry Harrison, Zachary Taylor, Andrew Johnson, and Jimmy Carter. Harrison died a month after taking office, though his successor (John Tyler) made an appointment during that presidential term. Taylor likewise died early in his presidential term and an appointment was made before the term ended by Millard Fillmore. Johnson succeeded the assassinated Lincoln, and he was denied the opportunity to appoint a Justice by congressional action (see Size of the Court earlier in this article). Carter is the only president to serve a full term without the opportunity to appoint at least one Justice. William Henry Harrison (February 9, 1773 – April 4, 1841) was an American military leader, politician, and the ninth President of the United States. ... This article is about the twelfth President of the United States. ... For other persons of the same name, see Andrew Johnson (disambiguation). ... For other persons named Jimmy Carter, see Jimmy Carter (disambiguation). ... John Tyler, Jr. ... Not to be confused with Mallard Fillmore. ...

Criticism of nomination and appointment process

The process of nomination of Supreme Court Justices remains controversial in and of itself, and opposition to the current system because of beliefs of bias in appointments has existed since the creation of the Court. Historian Howard Zinn has claimed in his book A People's History of the United States that the justices cannot be independent, as the members are chosen by the president and ratified by the Senate. Likewise, he says that they cannot be neutral between the rich and the poor, as they are almost always from the upper class. He points specifically to their handling of the Sherman Act, which favored monopolies while opposing labor strikes, as well as their use of the Fourteenth Amendment to protect corporations more so than African-Americans, as proof of this.^[11] Howard Zinn (born August 24, 1922) is an American historian, political scientist, social critic, activist and playwright, best known as author of the bestseller[5] , A Peoples History of the United States. ... A Peoples History of the United States, 2003 hardcover edition A Peoples History of the United States is a nonfiction book by American historian and political scientist Howard Zinn, in which he seeks to present American history through the eyes of groups he says are rarely heard in... The Sherman Antitrust Act was the first government action to limit trusts (A combination of firms or corporations who agree not to lower prices below a certain rate for the purpose of reducing competition and controlling prices throughout a business or an industry). ... Amendment XIV in the National Archives The Fourteenth Amendment to the United States Constitution (Amendment XIV) is one of the post-Civil War amendments (known as the Reconstruction Amendments), first intended to secure rights for former slaves. ...

Current membership

Below is a table of current active Supreme Court Justices, in order of seniority:

Name	Born	Appt. by	Conf. vote	First day	Prior positions
John Roberts (Chief Justice) Image File history File linksMetadata Official_roberts_CJ.jpg Summary Official 2005 photo of Chief Justice John G. Roberts Source: [1] Licensing File links The following pages link to this file: User:NoSeptember John Roberts Metadata This file contains additional information, probably added from the digital camera or scanner used to create... [edit] John G. Roberts, Jr. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      The Chief Justice of the United States is the head of the judicial...	January 27, 1955 (1955-01-27) (age 53) in Buffalo, New York	G.W. Bush	78-22	September 29, 2005	Circuit Judge, Court of Appeals for the D.C. Circuit (2003–2005); Private practice (1993–2003); Principal Deputy Solicitor General (1989–1993); Private practice (1986–1989); Associate Counsel to the President (1982–1986); Special Assistant to the Attorney General (1981–1982)