The Supreme Court

The Supreme Court only hears a small number of cases--about 80 per year--despite receiving around 10,000 petitions each year. The accepted cases include disputes between two states, cases where two or more federal courts of appeals have ruled differently on the same federal law, and cases involving international ambassadors or treaties. While the U.S. has a dual court system, the Supreme Court stands as the highest and only federal court created by the Constitution.

The Supreme Court does not hear appeals as a matter of right. To get a case heard by the Supreme Court, an involved party must petition the Court for a “writ of certiorari.” In order for the Supreme Court to “grant cert,” four of the nine justices have to vote in favor of hearing the case. 

The Supreme Court rarely hears cases that have been resolved by lower courts, unless they involve conflicting rulings or other matters of great national importance. The Supreme Court only hears cases that would resolve a conflict of federal or constitutional law. For a case to reach the Supreme Court, it would typically have to work its way up through state and/or federal jurisdiction. 

The Supreme Court is the final arbiter of the U.S. Constitution and its application to the cases brought before the Court. Rulings of the Supreme Court have the full force of law. Where there is a conflict with state law on a matter regarding the U.S. Constitution, Supreme Court rulings prevail. Sometimes Supreme Court decisions are later codified into legislation, and can be modified in the process. In addition, Supreme Court rulings prevail over any Congressional legislation that is ruled unconstitutional by the Supreme Court. The federal judiciary also includes two levels of lower courts: the district courts, which are trial courts; and the circuit courts of appeal. The majority of cases from the federal appeals court do not get heard by the Supreme Court. 

Important and relevant Supreme Court Cases

Bostock v. Clayton County (2020): protects employees from being fired because they are gay or transgender

Obergefell v. Hodges (2015): granted marriage equality to same-sex couples

Burwell v. Hobby Lobby (2014): found that closely held corporations don’t have to pay for certain contraception

Price Waterhouse v. Hopkins (1989): protects employees from sex-stereotyping as sex discrimination

Craig v. Boren (1976): Found that different drinking ages for men and women violate the 14th amendment

Roe v. Wade (1973): protects a woman’s right to abortion without excessive government restriction

Phillips v. Martin Marietta Corporation (1971): found that refusal to hire women with preschool-age children violates the Civil Rights Act of 1964

Brandenburg v. Ohio (1969): found that the first amendment protects advocating for violence, as long as it does not advocate for “imminent lawless action”

Griswold v. Connecticut (1965): protects the right of married couples to buy contraception without government restriction

West Virginia State Board of Education v. Barnette (1934): upholds free speech, protecting students from being forced to salute the American flag or say the pledge of allegiance in public schools

Buck v. Bell (1927): found that there is no constitutional right not to be sterilized against your will

Plessy v. Ferguson (1896) and Brown v. Board of Education (1954): Plessy upheld the concept of “separate but equal” racial segregation in schools. It was overturned by Brown, which ended legal racial segregation

 
 

 
 

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