Supreme Court of the United Statesjudicial reviewChief Justice John RobertsUS Constitutionlandmark court decisions

Supreme Court of the United States: History, Composition, and Judicial Power

Supreme Court of the United States The Supreme Court of the United States serves as the highest judicial body in the American legal system. Established on March 4, 1789, and authorized by...

Supreme Court of the United States

The Supreme Court of the United States serves as the highest judicial body in the American legal system. Established on March 4, 1789, and authorized by the U.S. Constitution, the Court acts as the final arbiter of law, ensuring that the Constitution is interpreted and applied consistently across the nation.

For much of its early history, the Court lacked a permanent home. Its first meeting took place at the Royal Exchange in New York City, and it later met in Philadelphia's City Hall between 1791 and 1801.

The Royal Exchange in New York City, the first meeting place of the Supreme Court
The Royal Exchange in New York City, the first meeting place of the Supreme Court

Following its time in Philadelphia, the Court operated out of chambers within the Capitol Building in Washington, D.C., including the Old Senate Chamber from the 1860s until the 1930s. It was not until 1935 that the Court moved into its own dedicated building.

Image of two-story brick building.
The court lacked its own building until 1935. For most of that time, it had chambers in the Capitol Building in Washington, D.C. Prior to that, between 1791 and 1801, the court met in City Hall (pictured) in Philadelphia.

From the 1860s until the 1930s, the court sat in the Old Senate Chamber of the U.S. Capitol.
From the 1860s until the 1930s, the court sat in the Old Senate Chamber of the U.S. Capitol.

Key Facts

Supreme Court justices with President George W. Bush (center-right) in October 2005. Left to right are: Ruth Bader Ginsburg, David Souter, Antonin Scalia, John Paul Stevens, John Roberts, Sandra Day O'Connor, Anthony Kennedy, Clarence Thomas, and Stephen Breyer.
Supreme Court justices with President George W. Bush (center-right) in October 2005. Left to right are: Ruth Bader Ginsburg, David Souter, Antonin Scalia, John Paul Stevens, John Roberts, Sandra Day O'Connor, Anthony Kennedy, Clarence Thomas, and Stephen Breyer.
  • Established: March 4, 1789.
  • Composition: 9 justices (by statute).
  • Appointment: Nominated by the President and confirmed by the Senate.
  • Tenure: Life tenure.
  • Current Chief Justice: John Roberts (since September 29, 2005).
  • Primary Role: Final appellate jurisdiction and original jurisdiction over specific cases.

The Evolution of the Court

Composition of the Supreme Court may have flipped if popular vote winners had successful nominations to the court.
Composition of the Supreme Court may have flipped if popular vote winners had successful nominations to the court.

The Court's influence grew significantly under the leadership of figures like John Marshall, who served as Chief Justice from 1801 to 1835. Marshall is credited with outlining the concept of judicial review—the power of the Court to declare legislative and executive acts unconstitutional—most notably in the landmark case Marbury v. Madison (1803).

John Marshall, chief justice from 1801 to 1835
John Marshall, chief justice from 1801 to 1835

Inscription on the wall of the Supreme Court Building from Marbury v. Madison, in which Chief Justice John Marshall outlined the concept of judicial review
Inscription on the wall of the Supreme Court Building from Marbury v. Madison, in which Chief Justice John Marshall outlined the concept of judicial review

Throughout the 20th century, the Court navigated pivotal eras, including the New Deal period. During this time, the "Four Horsemen"—Justices Butler, McReynolds, Sutherland, and Van Devanter—were known for their opposition to New Deal policies.

The Court seated
The Hughes Court in 1932, photographed by Erich Salomon. Members include Chief Justice Charles Evans Hughes (center), Louis Brandeis, Benjamin N. Cardozo, Harlan Stone, Owen Roberts, and the "Four Horsemen": Pierce Butler, James Clark McReynolds, George Sutherland, and Willis Van Devanter, who opposed New Deal policies.

The Court's physical presence in Washington, D.C., remains a symbol of judicial authority, with the current building serving as its home since 1935.

The U.S. Supreme Court Building in Washington, D.C., the home of the Supreme Court since 1935
The U.S. Supreme Court Building in Washington, D.C., the home of the Supreme Court since 1935

Current US Supreme Court building in 2007
Current US Supreme Court building in 2007

Composition and Membership

The Supreme Court currently consists of nine justices. The process for joining the Court involves a presidential nomination followed by a confirmation vote in the U.S. Senate. Once appointed, justices hold their positions for life, providing a degree of insulation from immediate political pressure.

The Court has seen a gradual shift in demographics, including the appointment of the first four female justices: Sandra Day O'Connor, Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan.

The first four female justices: O'Connor, Sotomayor, Ginsburg, and Kagan
The first four female justices: O'Connor, Sotomayor, Ginsburg, and Kagan

The nomination process is often highly scrutinized, as seen in the Senate Judiciary Committee hearings for nominees such as John Roberts and Ruth Bader Ginsburg.

John Roberts giving testimony before the Senate Judiciary Committee during the 2005 hearings on his nomination to be chief justice
John Roberts giving testimony before the Senate Judiciary Committee during the 2005 hearings on his nomination to be chief justice

Ruth Bader Ginsburg giving testimony before the Senate Judiciary Committee during the 1993 hearings on her nomination to be an associate justice
Ruth Bader Ginsburg giving testimony before the Senate Judiciary Committee during the 1993 hearings on her nomination to be an associate justice

Current Sitting Justices

The modern Court, known as the Roberts Court, includes a mix of justices appointed by Republican and Democratic presidents.

The Roberts Court (since June 2022): Front row (left to right): Sonia Sotomayor, Clarence Thomas, Chief Justice John Roberts, Samuel Alito, and Elena Kagan. Back row (left to right): Amy Coney Barrett, Neil Gorsuch, Brett Kavanaugh, and Ketanji Brown Jackson.
The Roberts Court (since June 2022): Front row (left to right): Sonia Sotomayor, Clarence Thomas, Chief Justice John Roberts, Samuel Alito, and Elena Kagan. Back row (left to right): Amy Coney Barrett, Neil Gorsuch, Brett Kavanaugh, and Ketanji Brown Jackson.

Balance of the US Supreme Court since 2020, shaded by party of the nominating president: Blue represents a Democratic president and red a Republican president
Balance of the US Supreme Court since 2020, shaded by party of the nominating president: Blue represents a Democratic president and red a Republican president

Current Supreme Court Justices (as of recent records)
Justice Appointed By Start Date Confirmation Vote
John Roberts (Chief Justice) G.W. Bush (R) Sept 29, 2005 78–22
Clarence Thomas G.H.W. Bush (R) Oct 23, 1991 52–48
Samuel Alito G.W. Bush (R) Jan 31, 2006 58–42
Sonia Sotomayor Obama (D) Aug 8, 2009 68–31
Elena Kagan Obama (D) Aug 7, 2010 63–37
Neil Gorsuch Trump (R) Apr 10, 2017 54–45
Brett Kavanaugh Trump (R) Oct 6, 2018 50–48
Amy Coney Barrett Trump (R) Oct 27, 2020 52–48
Ketanji Brown Jackson Biden (D) June 30, 2022 53–47

Judicial Process and Jurisdiction

The Court exercises both original jurisdiction (hearing a case for the first time) and appellate jurisdiction (reviewing decisions from lower courts). The process begins with case selection, where the Court decides which petitions to hear, often focusing on correcting egregious departures from judicial proceedings.

Once a case is accepted, it proceeds through written evidence and oral arguments, where attorneys present their cases and answer questions from the justices.

A man speaking at a lectern before two supreme court justices.
Seth P. Waxman at oral argument presents his case and answers questions from the justices.

The interior of the United States Supreme Court
The interior of the United States Supreme Court

Landmark Decisions

The Court's rulings have shaped American society. Notable examples include:

  • Brown v. Board of Education (1954): Ended school segregation.
  • Miranda v. Arizona (1966): Established rights for detained individuals.
  • Roe v. Wade (1973): Originally protected abortion access, later overturned by Dobbs v. Jackson (2022).
  • Obergefell v. Hodges (2015): Legalized same-sex marriage.
  • Trump v. United States (2024): Addressed presidential immunity.

Protestors in support of keeping Roe v. Wade
Protestors in support of keeping Roe v. Wade

Frequently Asked Questions

How are Supreme Court justices appointed?

Justices are nominated by the President of the United States and must be confirmed by a majority vote in the U.S. Senate.

How long do Supreme Court justices serve?

Justices are granted life tenure, meaning they serve until they retire, resign, or pass away, unless they are removed from office through impeachment.

What is judicial review?

Judicial review is the power of the Supreme Court to examine the actions of the legislative and executive branches and determine whether those actions are consistent with the U.S. Constitution.

How many justices sit on the Court?

By statute, there are currently nine positions on the Supreme Court, consisting of one Chief Justice and eight Associate Justices.

What is the difference between original and appellate jurisdiction?

Original jurisdiction allows the Court to hear a case for the first time, while appellate jurisdiction allows it to review a decision that has already been made by a lower court.