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10: The Court in Action

The Supreme Court's authority as the ultimate interpreter of the Constitution and federal law places it at the heart of many controversial and high-stakes decisions. Despite the inevitable debates and challenges that arise from its rulings, the Court's judgments are grounded in legal principles and constitutional interpretation rather than public sentiment or political pressures.

Key Terms in Supreme Court Proceedings

  • Jurisdiction: The Court's authority to hear and decide cases.
  • Oral Arguments: Public presentations by attorneys to the justices.
  • Briefs: Written summaries of each side's arguments and evidence.
  • Precedent: Past decisions that guide current case deliberations.
  • Majority Opinion: The official verdict supported by most justices.
  • Dissenting Opinion: A justice's disagreement with the majority's decision.
  • Concurring Opinion: A justice's personal reasoning for agreeing with the outcome.
  • Petition for Certiorari: A request for the Supreme Court to review a case.
  • Writ of Habeas Corpus: An order to present a detained person before a court.
  • Amicus Curiae Briefs: Contributions from non-parties interested in the case outcome.

Tenure and Independence of Justices

Justices serve for life, ensuring freedom from political influence and allowing for decisions based solely on legal interpretation. This design protects the Court's impartiality but can lead to controversy, especially when decisions clash with popular opinions or political agendas.

Examples of Long-Term Justices

  • Justice Stephen Breyer: Served from 1994 to 2022.
  • Justice Ruth Bader Ginsburg: Served for 27 years until her passing in 2020.

Court-Curbing Measures

Attempts to reduce the Supreme Court's power have included judicial appointment strategies, jurisdiction adjustments, and outright defiance of its rulings, although such measures are rare and contentious.

Historical Examples

  • Response to Marbury v. Madison (1803): Congressional debates on limiting the Court's review powers.
  • Court-Packing Debates: Proposals to alter the Court's composition to shift its ideological balance.

Enforcement of Supreme Court Rulings

The Supreme Court's decisions are binding, with enforcement typically led by the executive branch. However, enforcement can vary based on executive discretion and public or political support.

Enforcement Examples

  • Brown v. Board of Education (1954): Federal actions to desegregate schools.
  • Roe v. Wade (1973): Continued enforcement of abortion rights amidst legal and political challenges.

Partisanship Concerns

Despite expectations of impartiality, justices' decisions can sometimes appear influenced by personal or political beliefs, sparking debate over the Court's independence.

Controversial Confirmations

  • Justice Brett Kavanaugh (2018): A highly politicized nomination process.
  • Justice Amy Coney Barrett (2020): A nomination seen as politically motivated ahead of an election.