FAQ
How many justices serve, and why nine?
The Constitution sets no number. Congress fixed it at six in 1789, changed it several times, and settled on nine in 1869, where it has remained ever since. Franklin Roosevelt failed to add justices in 1937 after the Court resisted the New Deal. The number persists by statute and tradition; changing it would require an act of Congress.
What is a writ of certiorari?
An order by which the Supreme Court chooses to review a lower court decision. Litigants petition, the justices discuss in conference, and four votes grant review under the rule of four. Certiorari is discretionary: the Court accepts around one percent of petitions, prioritizing conflicts among lower courts and questions of national importance. Denial is not approval of the ruling below.
When is the Court in session?
The term runs from the first Monday in October until late June or early July the following year. Arguments are heard in two-week sittings from October through April. Opinions are released through the spring, with the term's biggest rulings typically arriving in late June, followed by summer recess.
What is judicial review?
The power to declare laws and executive acts unconstitutional. Established in Marbury v. Madison in 1803, it rests on the premise that the Constitution is superior law and it is the judicial role to say what the law is. Judicial review applies to federal statutes, state laws, and agency actions, and is exercised by federal courts and by state courts interpreting the federal Constitution.
What are concurring and dissenting opinions?
A concurrence agrees with the result but offers different or additional reasoning. A dissent disagrees with the majority and explains why. Dissents have no legal force, but they can persuade future majorities: Harlan's dissents in the Civil Rights Cases and Plessy, and Holmes's in Abrams, all eventually shaped doctrine.
Can Supreme Court decisions be overturned?
Yes, by three routes. The Court can overrule itself, as Brown overruled Plessy and Dobbs overruled Roe. Congress and the states can amend the Constitution, as after Dred Scott. And Congress can sometimes amend statutes the Court has interpreted. No other court can overrule the Supreme Court on a question of federal constitutional law.