What is the judicial branch?

The judicial branch is the part of the federal government made up of the Supreme Court and other federal courts established by Congress, with the responsibility of interpreting laws and deciding cases involving federal law and the Constitution. Article III of the Constitution creates the judicial branch in just a few sentences. Article III directly establishes only the Supreme Court and authorizes Congress to create such inferior Courts as it deems necessary.

The current federal court system has three main levels: the U.S. Supreme Court at the top, 13 U.S. Courts of Appeals (circuit courts) in the middle, and 94 U.S. District Courts at the trial level. Specialized courts handle bankruptcy, tax, international trade, and military justice.

Federal judges, including Supreme Court justices, are appointed by the President and confirmed by the Senate, and they serve for life during good behavior. Lifetime tenure was designed to insulate judges from political pressure and allow them to make decisions based on law rather than electoral considerations. Federal judges can be removed only through impeachment, a process used 15 times in American history with eight resulting in removal.

The federal judiciary has the power to interpret federal laws and the Constitution, decide cases between residents of different states, hear cases involving federal officials or agencies, resolve disputes between states, and review the constitutionality of federal and state laws. The power of judicial review, under which courts can declare laws unconstitutional, was established by the Supreme Court in Marbury v. Madison (1803).

Federal courts have shaped American law on issues ranging from civil rights to free speech to economic regulation. Major Supreme Court decisions include Brown v. Board of Education (1954), which ended legal segregation in public schools; Miranda v. Arizona (1966), which required police to inform suspects of their rights; Roe v. Wade (1973), which recognized a constitutional right to abortion (overturned by Dobbs v. Jackson Women's Health Organization in 2022); Bush v. Gore (2000), which decided the disputed 2000 presidential election; and Obergefell v. Hodges (2015), which recognized a constitutional right to same-sex marriage.

The federal judiciary handles roughly 400,000 cases per year, ranging from criminal prosecutions to civil rights claims to corporate disputes.