What does the Supreme Court do?

The Supreme Court hears cases involving the Constitution, federal laws, treaties, disputes between states, disputes between citizens of different states, and other matters within federal jurisdiction. Article III, Section 2 of the Constitution defines the judicial power and lists the kinds of cases federal courts can decide. The Supreme Court has both original jurisdiction (cases that start at the Court) and appellate jurisdiction (cases appealed from lower courts).

Original jurisdiction is narrow. The Constitution gives the Supreme Court original jurisdiction over cases involving foreign ambassadors and disputes between states. These cases are rare, often involving boundary disputes such as Alabama and Florida disagreements over offshore mineral rights, or water-sharing disputes between states such as Florida v. Georgia (2021).

Most Supreme Court cases come on appellate jurisdiction. The Court receives roughly 7,000 petitions per year and selects only about 60 to 80 for full review. Most cases come up from the U.S. Courts of Appeals or from state supreme courts on questions of federal law. The Court rejects most petitions through a denial of certiorari, which requires no explanation.

To accept a case, four of the nine justices must agree to hear it, a rule known as the rule of four. Once a case is accepted, the parties file written briefs, third parties file amicus curiae (friend of the court) briefs, and the Court holds oral arguments. Oral arguments typically last one hour, with each side getting 30 minutes to present their case and answer justices' questions.

Justices then meet in private conference to discuss the case, take an initial vote, and assign the writing of opinions. A majority opinion (signed by at least five justices) sets the law on the issue. Justices may also write concurring opinions agreeing with the result but for different reasons, and dissenting opinions disagreeing with the majority.

Major Supreme Court rulings have shaped American life. Brown v. Board of Education (1954) ended legal segregation in public schools. Gideon v. Wainwright (1963) required states to provide attorneys to poor defendants. Roe v. Wade (1973) recognized abortion rights (later overturned by Dobbs v. Jackson Women's Health Organization in 2022). Bush v. Gore (2000) effectively decided the disputed presidential election. Citizens United v. FEC (2010) reshaped campaign finance law. Obergefell v. Hodges (2015) recognized a constitutional right to same-sex marriage.