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The Chief Justice speaks first because he (or she) presides over the Court. The other justices traditionally speak in order of seniority, or time on the Court.
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How many US Supreme Court justices must agree to hear an appeal?
The US Supreme Court determines whether to hear a case according to the Rule of Four. If at least four of the nine Justices of the Supreme Court agree, they will grant certiorari and hear the case.
Do US Supreme Court justices preside over courts?
Not exactly. "Preside" means "to be in charge of," and that responsibility falls to the Chief Justice of the Supreme Court or, in his (or her) absence, the Senior Associate Justice (justice who has served on the court longest). All Supreme Court justices are assigned one or more Circuits over which they have responsibility for emergency orders, per federal law (18 USC § 42): "The Chief Justice of the United States and the associate justices of the Supreme Court shall from time to time be allotted as circuit justices among the circuits by order of the Supreme Court. "The Chief Justice may make such allotments in vacation. A justice may be assigned to more than one circuit, and two or more justices may be assigned to the same circuit." The justices do not preside over the Circuits, however. US District Courts typically seat only one judge per case to preside over the Court; the US Court of Appeals Circuit Courts typically provide for appellate review by a three-judge panel, with one of the three presiding over the panel.
There are 15 justices on the supreme court?
No, there are nine justices on the US Supreme Court, per the Judiciary Act of 1869.President Franklin D. Roosevelt wrote draft legislation in 1937 that would have expanded the size of the Court by one new justices for each sitting justice over the age of 70.5, up to a maximum of six new justices (for a total of fifteen) in order to dilute the votes of certain older, conservative justices who ruled many of his New Deal programs unconstitutional. Congress sent the President's proposal to the Senate Judiciary Committee, where the Court-expanding provisions were quickly stripped from the bill. The remainder of the bill failed to pass a full Senate vote.For more information, see Related Questions, below.
What is the name for a formal request to the Supreme Court to hear a case?
The formal request is called a Petition for a Writ of Certiorari.The Court grants certiorari to the petitioner, and issues a writ of certiorari to the lower court, asking for the case files.Most cases are appealed to the US Supreme Court by a petition for a writ of certiorari, which is a request that the justices accept review of the case and issue a writ of certiorari, or order to the lower courts to send all trial and appellate records to the Supreme Court. Review of an appeal is not a right; the justices grant certiorari at their discretion.Appellate courts may also issue a writ of error, which is an order to release the trial record of an adjudicated case. This is most often sent from an intermediate appellate court to the court of original jurisdiction.
Where can I find a list of all past US Supreme Court Justices?
There are several comprehensive lists including all 111 Supreme Court Justices. Cornell Law has a page listing the Justices in alphabetical order, and includes a short bio on each. The US Supreme Court has a .pdf file that includes the Justices' names, state they're from, President who nominated them, and their dates of service, that is up-to-date except for listing Justice David H. Souter's resignation on June 30, 2009. The file also lists the Chief Justices and Associate Justices separately. InfoPlease has a slightly outdated that includes additional information, including calculated years of service and religion (but not Presidential nomination, or exact date of swearing in). Unfortunately, their list doesn't include Samuel Alito, David H. Souter (who just retired), or Chief Justice John Roberts. You can find links to all these lists in Related Links, below.
For the majority ruling on the Supreme Court there needs to be at least justices who agree?
For a majority ruling on the Supreme Court, a minimum of five out of the nine justices must agree. This is because a majority decision requires more than half of the justices to support a particular outcome or opinion. It is necessary to have a majority in order to establish a binding decision for the Court.
How many US Supreme Court justices must agree to hear an appeal?
The US Supreme Court determines whether to hear a case according to the Rule of Four. If at least four of the nine Justices of the Supreme Court agree, they will grant certiorari and hear the case.
What year did President Franklin Roosevelt want US Supreme Court justices to retire?
President Franklin Roosevelt wanted US Supreme Court justices to retire in 1937. He proposed a plan to add additional justices to the court, known as the "court-packing" plan, in order to reshape the ideological balance of the court and secure favorable rulings for his New Deal policies.
What is the Rule of Four in the US Supreme Court?
The Rule of Four means four of the nine justices must agree to hear a case in order for it to be accepted on appeal. If four or more justices think the case is worth the Court's time, then the Supreme Court will issue a writ of certiorari to the lower court ordering them to send the case files to the Supreme Court, and the case will be placed on the docket.
How man Supreme Court justice are there?
Currently, there are nine justices. It is an odd number in order to prevent ties when voting on cases.
What must a supreme court justice do in order to stay on the bench?
A Supreme Court justice must remain above reproach in his or her personal life. Justices can be impeached if they are guilty of moral turpitude or crimes of law.
What type of writ is used to appeal a case to the US Supreme Court?
A writ is an order of the court requiring action from another court or individual.Most cases are appealed to the US Supreme Court by a petition for a writ of certiorari, which is a request that the justices accept review of the case and issue a writ of certiorari, or order to the lower courts to send all trial and appellate records to the Supreme Court.
How does the US Supreme Court indicate that the justices have agreed to review a lower court decision?
The US Supreme Court issues a writ of certiorari, or an order to the court from which the case is being appealed, to send the case records to the Supreme Court.In reality, the Supreme Court no longer issues a formal writ after granting certiorari; requesting files is now an administrative procedure handled by the Clerk of Court as a matter of routine.
How many men were on the US Supreme Court in 1820?
The Supreme Court had expanded from six to seven justices by 1820, in order to handle a growing caseload.Chief JusticeJohn MarshallAssociate JusticesBushrod WashingtonWilliam JohnsonHenry Brockholst LivingstonThomas ToddGabriel DuvallJoseph Story
Do US Supreme Court justices preside over courts?
Not exactly. "Preside" means "to be in charge of," and that responsibility falls to the Chief Justice of the Supreme Court or, in his (or her) absence, the Senior Associate Justice (justice who has served on the court longest). All Supreme Court justices are assigned one or more Circuits over which they have responsibility for emergency orders, per federal law (18 USC § 42): "The Chief Justice of the United States and the associate justices of the Supreme Court shall from time to time be allotted as circuit justices among the circuits by order of the Supreme Court. "The Chief Justice may make such allotments in vacation. A justice may be assigned to more than one circuit, and two or more justices may be assigned to the same circuit." The justices do not preside over the Circuits, however. US District Courts typically seat only one judge per case to preside over the Court; the US Court of Appeals Circuit Courts typically provide for appellate review by a three-judge panel, with one of the three presiding over the panel.
Can the Chief Justice of the United States overturn a Supreme Court decision?
Not by himself. The Chief Justice has different responsibilities from the Associate Justices, but has no more voting power than they do. In order to reach a decision on any case, including one that overturns a previous US Supreme Court ruling, a simple majority of the Justices must agree on a verdict.
Is the Senate required to participate in increasing the number of US Supreme Court justices?
No, the Senate is not required to participate in increasing the number of US Supreme Court justices. The power to determine the number of justices is vested in the Congress, not specifically the Senate. However, any legislation to increase the number of justices would need to be passed by both the Senate and the House of Representatives before it becomes law.
