When justices are not listening to arguments, they are (1) reading written arguments about cases and (2) holding private meetings to decide the meaning of the law.
When justices are not listening to arguments, they are (1) reading written arguments about cases and (2) holding private meetings to decide the meaning of the law.
When justices are not listening to arguments, they are (1) reading written arguments about cases and (2) holding private meetings to decide the meaning of the law.
During a sitting session, the justices hold case conferences on Thursday and Friday following the oral arguments heard earlier in the week.
Public arguments
The US Supreme Court justices question the attorneys representing the parties to a case during oral arguments. Each attorney has 30 minutes to present his or her reason the justices should find in favor of his client, as well as clarify points and answer any questions the justices raise. The justices are usually better prepared and know more about the case, precedents and applicable law than the attorneys, and often grill them.Oral arguments occur after all parties have submitted their briefs and the justices read the briefs and relevant case law, but before they vote on the case.For more information, see Related Questions, below.
Someone petitions the Supreme Court to review a case on appealThe lawyers submit briefsThe justices vote to decide which cases to hearThe Clerk schedules oral argumentsThe justices read all briefs and lower court documentsThe justices have their clerks research precedents and other informationThe justices listen to oral argumentsThe justices hold a case conference to discuss issues and take a voteOne justice is assigned to write the official opinion of the CourtThe opinion is circulated for commentsOther justices write concurring or dissenting opinions (optional)The decision is released to the parties and the general public
In the US Supreme Court, each side is allotted 30 minutes to present its case to the justices. The justices may extend oral arguments at their discretion to accommodate the Solicitor General or amici (friends of the court), if they choose. For more information, see Related Questions, below.
The Court's interpretation of the Articles and Amendments of the US Constitution is the most important factor in their decision-making. Other factors include case precedents, established federal (or state) laws, ideology, intellectual reasoning, and a commitment to impartiality, among other things.
US Supreme Court Justices should only compare the case in the light of the US Constitution.
Typically, all nine justices of the US Supreme Court hear a case together; however, many cases have been decided with fewer justices. Federal law requires a quorum of at least six justices hear each case.
The US Supreme Court comprises nine justices who attempt to review every case as a complete Court. A quorum, the minimum number of justices who must participate in any given case, is six.
Marbury v. Madison, 5 US 137 (1803)Marbury v. Madison was heard by the six-member US Supreme Court lead by Chief Justice John Marshall. The unanimous decision was made by a quorum of four Justices (4-0); the other two Justices abstained because they missed the oral arguments due to illness.Chief JusticeJohn MarshallJoined by Associate JusticesWilliam PatersonSamuel ChaseBushrod WashingtonAbstaining JusticesWilliam CushingAlfred Moore* Cushing and Moore did not participate in the Marbury v. Madison case because they missed oral arguments due to illness.