Supreme Court

The Supreme Court of the United States is the highest court in the U.S. judicial system.

"The Supreme Court consists of the Chief Justice of the United States and such number of Associate Justices as may be fixed by Congress. The number of Associate Justices is currently fixed at eight (28 U. S. C. §1). Power to nominate the Justices is vested in the President of the United States, and appointments are made with the advice and consent of the Senate. Article III, §1, of the Constitution further provides that '[t]he Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.'"[1]

Politics and the Supreme Court

In November 2004, The Hill reported on "a sophisticated, multipronged plan," being developed by Senate Republicans, "to confirm President Bush’s expected nomination to replace ailing Supreme Court Chief Justice William H. Rehnquist." The plan was described as similar to a 2003 plan "drafted by Manuel Miranda, who was Senate Majority Leader Bill Frist’s (R-Tenn.) senior aide on judicial strategy." The 2004 plan is headed by Bill Wichterman, who oversees coalition outreach and judicial confirmation planning for Frist. [2]

The plan reportedly includes "pre-emptive" press releases, issued "as soon as Bush nominated a justice," to "deflect liberal efforts to define the nominee." Senate Republicans "would speak publicly to counter expected negative coverage by newspapers such as The New York Times and The Washington Post." Non-governmental conservative groups and business groups are integral to the plan: [3]

Organizations such as Coalition for a Fair Judiciary would handle grassroots work while The Federalist Society would provide substantive arguments for use in Senate and media debates. The business community would be expected to fund the communications campaign.

Liberal groups were also reported to be readying for the nomination. A wide coalition, "led by People for the American Way and the Alliance for Justice are preparing a multimillion-dollar effort to publicize the record of whomever Bush taps for the high court," according to The Hill. [4]

Supreme Court Justices [5]

• Ruth Bader Ginsburg[6]: Nominated by President William Jefferson Clinton as Associate Justice of the Supreme Court of the United States; took oath of office August 10, 1993.
• David Hackett Souter[7]: Associate Justice, Supreme Court of the United States, 1990.
• Clarence Thomas[8]: Nominated by President George Herbert Walker Bush as Associate Justice of the United States Supreme Court: took oath of office October 23, 1991.
• Stephen Breyer[9]: Nominated by President Clinton as Justice, Supreme Court of the United States, August 3, 1994.
• Antonin Scalia
• John Paul Stevens[10]: Nominated by President Gerald R. Ford as Associate Justice of the United States Supreme Court on December 1, 1975; confirmed by the United States Senate on December 17, 1975; and took oath of office on December 19, 1975.
• William Hubbs Rehnquist[11]: Nominated Associate Justice of the Supreme Court of the United States by President Richard M. Nixon on October 21, 1971; sworn in on January 7, 1972. Nominated Chief Justice of the United States by President Ronald Reagan on June 17, 1986; sworn in on September 26, 1986.
• Sandra Day O'Connor[12]: Nominated by President Reagan as Associate Justice of the United States Supreme Court on July 7, 1981; confirmed by the United States Senate on September 22, 1981; and took oath of office on September 25, 1981; first female on "the high court"; announced July 1, 2005, that she will retire before the start of the court's next term in October, or whenever the Senate confirms her successor. [13]
• Anthony McLeod Kennedy[14]: Nominated by President Reagan as Associate Justice of the United States Supreme Court; took oath of office February 18, 1988.

Contact Information

One First Street, NE,
Washington, DC 20543
Phone: 202-479-3211

SourceWatch Resources

• Federalist Society for Law and Public Policy Studies

External Links

• Supreme Court Justices Government Web Site: Biographies of Current Justices.
• Recent Supreme Court Rulings.
• Home of the USSC+ Database of U.S. Supreme Court Opinions, 20,378 Opinions Dating from 1885, 2,800-Term Subject Index.
• The (Lewis) Powell Memo is an important read for understanding both decisions of the 1970s and 80s that dramatically expanded the power of corporations (like First National bank of Boston v. Bellotti) and the success of the conservative/corporate movement of the past three decades.
• Teaching about the United States Supreme Court
• Teaching about Landmark Dissents in United States Supreme Court Cases

Headlines

• 8 June 2003: "Lobbying Starts as Groups Foresee Supreme Court Vacancy" by Robin Toner and Neil A. Lewis, The New York Times. "Interest groups on the left and the right are beginning full-scale political campaigns -- including fund-raising, advertising and major research -- to prepare for what many expect to be a Supreme Court vacancy in the next several weeks.... While none of the justices have said they plan to retire, any decision would traditionally be announced at the end of the court's term in late June.... Both conservatives and liberals say the time is right for a change in at least one and perhaps two seats, given the age of several justices and the general recognition that this is President Bush's last chance to name a justice before the presidential campaign begins in earnest."
• 12 August 2003: "Justice Kennedy Speaks Out": The New York Times Op-Ed: "We hope that both the members of Congress and the Bush administration were paying attention last weekend when Supreme Court Justice Anthony Kennedy, a tough-on-crime Reagan appointee, decried harsh and inflexible sentencing policies. Justice Kennedy was speaking for legal experts from across the political spectrum when he said the current rules misspent America's criminal justice resources by locking up people for irrationally long amounts of time."
• 6 October 2003: "Supreme Court's Docket Includes 48 New Cases" by Linda Greenhouse, New York Times: "Because the first Monday in October coincides with Yom Kippur, the court will issue orders but will not begin hearing arguments until Tuesday. When all nine justices take the bench then, the public will be treated to the rare sight of a court entering its 10th term without turnover, the longest stretch of Supreme Court stability since the 12-year interval from 1811 to 1823."
• 6 October 2003: "The Supreme Court Returns," Op-Ed, New York Times.
• 6 October 2003: "Major cases up for review by Supreme Court" by Joan Biskupic, USAToday.com.
• 1 December 2003: "Supreme Court Intervenes in Kidnap Case" by Gina Holland, AP: "The Supreme Court said Monday it would decide if federal agents can sneak into foreign countries to arrest suspected criminals and bring them to America for trial, a case that tests the reach of the government's terrorism-fighting powers. .. The Bush administration said covert kidnappings of suspects overseas are rare, but the government needs that authority."
• 2 December 2003: "Church, State and Education", New York Times Op-Ed.
• Supreme Court issues wake-up call National Catholic Reporter, 16 July 2004.
• Alexander Bolton, "Getting Ready for Court Fight," The Hill, December 1, 2004.