The History and Workings of the U.S. Supreme Court

Blog Post #2

From these videos, I learned the inner-workings of the Supreme Court, including how a case gets filed, chosen, argued, reviewed, then released to the public. First, a writ of certiorari is filed, and is placed on a justices’ desk along with over a hundred others hoping to be picked. Once chosen, the justice then brings that case to the conference room, where they brief the eight other Supreme Court justices on why the lower court's ruling presents either a) conflict of law, b) precedential value, or c) incorrect constitutional interpretation, or d) of national importance. If the majority votes to move forward with the proceedings, a court date is set where the nine justices hear the oral argument from both sides. Each attorney spends 30 minutes getting probed and questioned by the justices to make and clarify their arguments. Within the next few days, the justices meet in a private conference room to discuss the case. At the end of this meeting, a preliminary vote is taken on the court's decision, majority rules. The justice with the most seniority that voted on the majority side is in charge of drafting the “opinion piece”, explaining the legal reasoning behind the decision. If any justice disagrees with either the decision, the reasoning, or both, they are encouraged to write their own opinion piece, in hopes of revising/rewriting the majority opinion. After months of deliberating, the justices do a final vote on the decision. The Court’s decision is then formally announced in the courtroom, and the press races to be the first to deliver the news to American citizens.

The most surprising thing I learned was that the Supreme Court used to not have as much of the prestige and power that it holds today. When the Supreme Court was established by the Constitution in 1789, it was envisioned to be the highest judicial authority in America. However, in its early years, the Court had limited power, influence, and prestige. In 1801, when the Government moved to Washington DC, the Supreme Court was even given temporary housing in the unfinished capital. During this time, Chief Justice John Marshall was appointed to the Supreme Court. Holding a lasting legacy, Marshall is credited with transforming the judicial branch by establishing judicial review, a power that significantly increased the Supreme Court’s authority.

The value and trust in our judicial system comes from the promise of equality under the law, established under our constitution. Our laws govern not only the actions of individuals, but also the principles by which justice is administered. That said, I believe the most important take-away point is that, “We the People,” hold more power than we realize. We are the foundation of our democracy, of our nation. Our collective voice and belief in justice shape the effectiveness and legitimacy of our institutions, including the Supreme Court.

The narrator said it best, “The power of the court is the power of the trust earned– the trust of the American people”. This trust is the cornerstone of the judiciary’s authority, built on a long history of fair and impartial rulings. When the courts earn and uphold this trust, they strengthen the fabric of our democracy. However, it is up to us to ensure the judiciary remains a true ‘arbiter of justice’, accurately reflecting the values and principles upon which our nation was founded.

This video brought me a newfound respect for the Supreme Court and its justices. Even though I disagree with some of their decisions, I can empathize with how difficult the job must be. Everyday, they must walk into court with a mind devoid of all personal biases and preconceptions. Their decisions not only impact one case, but all cases like them in the future. They are writing history, and they don’t have an eraser.

Sources:

https://www.youtube.com/watch?v=cWRoXYRsaeo

https://www.youtube.com/watch?v=Ca8qSuWxcG8