Budget of the Court
When the Supreme Court first met in February 1790, it placed negligible burdens on the federal budget. There were only six justices earning salaries of $4,000 for the chief justice and $3,500 for the associates. The Court had no permanent headquarters, but met in a second floor room of the Royal Exchange Building in New York City. There were no law clerks or other support personnel. Congress had not even provided for a law library. Over the years the operations of the Supreme Court expanded as its authority grew. Since 1935 the Supreme Court has had a permanent home in a majestic marble building across the street from the Capitol in Washington. Nine justices now hold office, and they are supported by a full range of staff members to help the Court carry out its duties. The financial needs of the Court have correspondingly increased, but it remains today a rather inexpensive institution relative to the other federal agencies.
The Supreme Court is dependent upon Congress for its funding and must submit to the legislature an annual budget request. The budgetary process starts more than a year prior to the beginning of the fiscal year for which funds are being requested. In the spring and summer months of each year the Court formulates budget requests and justifications. The Office of the Marshal of the Court, principally through its director of the budget, oversees the budget formulation process. After the Court approves the final figures, they are submitted to the Office of Management and Budget (OMB). The Supreme Court's requests, along with those of all other federal departments and agencies, are incorporated into the budget proposal the president submits to Congress. Unlike its authority over other agency requests, OMB is expressly prohibited by law from making any modifications in the level of funding requested by the judiciary.
Congressional action begins in the late winter months and often extends well into the summer. The requests from the judiciary are initially sent to the appropriate House and Senate Appropriations subcommittees where the proposals are given careful scrutiny. In addition to the requests from the Supreme Court, separate proposals are submitted by five other major judicial entities (the Court of Appeals for the Federal Circuit, the Court of International Trade, the District Courts, and the Courts of Appeals, the Administrative Office of the United States Courts, and the Federal Judicial Center). During subcommittee hearings, two justices designated by the chief justice as well as several administrative officers of the Court normally are present to answer questions and justify requested funding levels. Full committee review of subcommittee recommendations and floor approval in each house is necessary before an appropriations bill is passed and sent to the president.
The Supreme Court has been relatively successful in its annual quest for funding. In recent decades the justices have received from Congress over 95 percent of the funds requested. The Court's budget is divided into two major categories. The first is salaries and expenses, for which the Court received $45.46 million for fiscal year 2003. Salaries and benefits for the justices and 427 staff employees accounted for 75 percent of this total. Printing, supplies, equipment, and other services accounted for the remaining 25 percent of salaries and expenses appropriation. The second budget category is for the care of the Supreme Court building and grounds. For fiscal year 2001 Congress appropriated $9 million to manage the Court's physical facilities. In 2002, however, the Court embarked on an effort to modernize and expand its building. The project is estimated to cost $122 million over a five‐year period. As a result, Congress appropriated $53 million for buildings and grounds for fiscal 2002 and $41 million for fiscal 2003.
Prior to 1935, the Supreme Court's funds were administered through the Justice Department. In that year, however, Congress authorized the Court to manage its own budgetary allocations. The marshal of the Court, as its chief financial officer, administers the institution's fiscal management activities.
— Thomas G. Walker
