The Supreme Court: America’s Highest Court

What is the highest court in the United States? The Supreme Court or the U.S. Supreme Court. The Supreme Court is the highest court in the federal judiciary and has final authority on interpreting the Constitution and federal law. No court can overrule the Supreme Court’s decisions. This makes the Supreme Court extremely powerful, with the ability to shape American law and society through its rulings.

The Supreme Court sits at the top of the federal court system. Below it are 13 Courts of Appeals and 94 District Courts. Cases typically start in district courts, can be appealed to appellate courts, and may ultimately reach the Supreme Court. But the Supreme Court has the final say on constitutional questions.

The Essential Facts

For the citizenship test, remember that the Supreme Court is the highest court in the United States. You can also say the U.S. Supreme Court. Both answers are correct.

The Supreme Court has nine justices: one Chief Justice and eight Associate Justices. This number is set by Congress, not the Constitution, and has been nine since 1869. The justices are nominated by the President and confirmed by the Senate. Once confirmed, justices serve for life unless they resign, retire, or are removed through impeachment.

The Supreme Court decides about 70-80 cases per year from the thousands of petitions it receives. The Court chooses which cases to hear, typically accepting cases that involve important constitutional questions, conflicts between lower courts, or significant federal issues. Most cases do not reach the Supreme Court; it selects only the most important.

How the Supreme Court Works

The Supreme Court operates on an annual term from October through June or early July. During this term, the Court hears oral arguments, deliberates on cases, and issues written opinions explaining its decisions.

Accepting Cases:
Most cases reach the Supreme Court through petitions for certiorari (cert petitions). Parties losing in lower courts ask the Supreme Court to review their cases. At least four justices must vote to grant cert for the Court to hear a case. This “rule of four” allows a minority of justices to bring cases before the full Court.

Oral Arguments:
Cases accepted for review receive oral arguments. Lawyers for each side present their arguments for 30 minutes each (recently increased from 15 minutes). Justices interrupt frequently with questions, challenging arguments and exploring implications. These questions often reveal justices’ concerns and how they might vote.

Conference and Voting:
After oral arguments, justices meet in conference to discuss cases and vote. These conferences are strictly private with no staff present. The Chief Justice speaks first, then other justices in order of seniority. After discussion, they vote. A majority of justices (at least five) must agree for a decision.

Opinion Writing:
When the Chief Justice is in the majority, the Chief assigns who writes the Court’s opinion. If the Chief Justice is in the minority, the senior justice in the majority assigns the opinion. The assigned justice writes a draft opinion explaining the decision. Other justices can join this opinion, write separate concurring opinions agreeing with the result but not the reasoning, or write dissenting opinions disagreeing with the decision.

Publishing Decisions:
Opinions are edited, circulated among justices, and eventually published. The Court announces decisions from the bench, and opinions are posted online immediately. These opinions become precedent that lower courts must follow.

Why the Supreme Court’s Decisions Matter

Supreme Court decisions are the final word on constitutional and federal law. Lower courts must follow Supreme Court precedents. Congress and the President must respect Supreme Court interpretations of the Constitution. This makes Supreme Court decisions extremely influential.

Supreme Court rulings have shaped American history:

Marbury v. Madison (1803): Established judicial review, giving courts power to strike down unconstitutional laws.

Brown v. Board of Education (1954): Declared school segregation unconstitutional, driving the civil rights movement.

Miranda v. Arizona (1966): Required police to inform suspects of rights before questioning.

Roe v. Wade (1973): Recognized constitutional right to abortion, generating decades of controversy.

United States v. Nixon (1974): Rejected absolute executive privilege, forcing Nixon to release Watergate tapes.

Bush v. Gore (2000): Ended Florida recount, effectively deciding the 2000 presidential election.

District of Columbia v. Heller (2008): Found Second Amendment protects individual gun ownership.

Obergefell v. Hodges (2015): Recognized constitutional right to same-sex marriage nationwide.

Dobbs v. Jackson Women’s Health Organization (2022): Overturned Roe v. Wade, returning abortion regulation to states.

These landmark decisions show how Supreme Court interpretations shape rights, policy, and society.

The Supreme Court’s Limits

Despite being the highest court, the Supreme Court has significant limitations:

Cannot Initiate Cases: The Court cannot simply declare laws unconstitutional on its own. Someone must bring a lawsuit before the Court can rule.

Cannot Enforce Decisions: The Court has “neither purse nor sword.” It depends on the executive branch to enforce decisions and on public respect for its authority.

Can Be Overruled by Amendment: Constitutional amendments can override Supreme Court interpretations. The Eleventh, Fourteenth, Sixteenth, and Twenty-Sixth Amendments all overturned or modified Supreme Court decisions.

Bound by Precedent (Mostly): The doctrine of stare decisis (let the decision stand) means courts should follow their own precedents. The Supreme Court can overrule past decisions but does so rarely, requiring strong justification.

Limited Docket: The Court hears only 70-80 cases per year. Most disputes are never reviewed by the Supreme Court, leaving lower court decisions as the final word in those cases.

Historical Context

The Supreme Court started weakly. Early Courts had little power and prestige. Justices rode circuit, traveling to hear cases in different regions, which was physically demanding. The Court’s meeting space in the Capitol was small and inadequate.

John Marshall’s tenure as Chief Justice (1801-1835) transformed the Court. His opinion in Marbury v. Madison established judicial review. His decisions strengthened federal power and made the Court a co-equal branch. Marshall’s leadership established the Supreme Court’s authority.

The Court’s power and prestige grew throughout American history. The Court now occupies its own building, completed in 1935. Justices no longer ride circuit. Supreme Court decisions command national attention and shape major policy debates.

The Court’s composition has changed. Early Courts had six justices. Congress changed the number several times, sometimes for political reasons. Since 1869, the Court has had nine justices. Proposals to change this number occasionally arise but face strong resistance.

The Court has also become more diverse. All early justices were white men. Thurgood Marshall became the first Black justice in 1967. Sandra Day O’Connor became the first woman justice in 1981. As of 2025, the Court includes women, Black, Hispanic, and other previously excluded groups, though debate continues about whether the Court adequately represents America’s diversity.

Life Tenure and Independence

Supreme Court justices serve for life “during good behavior.” This means they can serve until they choose to retire, resign, or die unless removed through impeachment. This lifetime tenure protects judicial independence. Justices can make unpopular decisions without fear of removal.

Life tenure has advantages and disadvantages. It insulates justices from political pressure, allowing them to rule based on law rather than public opinion. It provides continuity and stability in constitutional interpretation. It ensures experienced jurists continue serving.

But life tenure also allows justices to serve well past their prime. Some justices remain on the Court despite declining health or mental capacity. Justices can time their retirements strategically to ensure presidents from their preferred party appoint successors. Life tenure means a single appointment can influence American law for 30-40 years.

Calls for term limits occasionally arise. Proposals suggest 18-year terms with staggered appointments. This would reduce the randomness of vacancies and make the Court’s composition change more predictably. But implementing term limits would likely require a constitutional amendment, which is very difficult.

Connections That Matter

Understanding the Supreme Court connects to judicial review. The Court’s power to strike down unconstitutional laws makes it a check on the other branches. This checking function is crucial to separation of powers and constitutional limits on government.

The Supreme Court relates to federalism. The Court resolves conflicts between federal and state power, determining where federal authority ends and state sovereignty begins. Supreme Court interpretations of federalism shape the balance between national and state governments.

The Court also connects to constitutional rights. The Bill of Rights and later amendments protect individual liberties. The Supreme Court interprets these protections, determining what rights mean in practice. Court decisions on free speech, religion, privacy, and due process shape Americans’ daily freedoms.

For more on the judicial branch, see our article on what courts do in the uscis-questions category. To understand judicial review, explore our explanation of Marbury v. Madison. To learn about federal courts, read about the court system structure.

Top 10 Frequently Asked Questions

How many justices are on the Supreme Court?
Nine: one Chief Justice and eight Associate Justices. This number has been nine since 1869 and is set by Congress, not the Constitution.

Can the number of justices change?
Yes. Congress can pass a law changing the number. This happened several times in the 1800s. Modern proposals to “pack the court” by adding justices are controversial and politically difficult.

Why do justices serve for life?
To protect judicial independence. Justices can make unpopular but legally correct decisions without fear of removal. Life tenure insulates judges from political pressure.

Can Supreme Court decisions be changed?
Yes, but rarely. The Court can overrule its own precedents if a later Court believes a past decision was wrong. Constitutional amendments can also override Court decisions.

What happens when justices disagree?
The majority opinion becomes the Court’s decision. Dissenting justices can write dissenting opinions explaining their disagreement. These dissents have no legal effect but can influence future cases.

Must the Court hear every case?
No. The Court chooses which cases to review. It accepts only about 1% of petitions. Most cases are never reviewed by the Supreme Court.

Can anyone bring a case to the Supreme Court?
Only if they’ve exhausted lower court appeals and have proper legal standing (direct harm from the law or action challenged). You cannot simply file a case directly with the Supreme Court.

Why does the Court take so long to decide cases?
Cases are complex, requiring careful legal analysis. Justices must write opinions explaining decisions, and other justices must review these drafts. This process takes months.

How much do Supreme Court justices get paid?
The Chief Justice makes $312,200 per year. Associate Justices make $298,500 per year. Congress sets these salaries and cannot decrease them during a justice’s service.

What should I memorize for the citizenship test?
The Supreme Court is the highest court in the United States. That’s the key answer. You can also say U.S. Supreme Court. Know that it has nine justices and that it interprets the Constitution.