Court Procedure

Once the Court has decided that it will hear the case, the parties are required to file a new set of briefs. Unlike the cert. stage briefs, which focused on whether the Court should review the case, each party uses the briefs on the merits to explain why he or she should win the case.

Background Article III, Section 1 of the Constitution establishes the Supreme Court of the United States. Currently, there are nine Justices on the Court. Before taking office, each Justice must be appointed by the President and confirmed by the Senate. Justices hold office during good behavior, typically, for life.

The Supreme Court of the United States is the highest federal court in the United States and the only court specifically established by the Constitution of the United States, implemented in 1789.

The Supreme Court's 12 Justices maintain the highest standards set by the Appellate Committee, but are now explicitly separate from both Government and Parliament.

The Supreme Court Fellows Commission selects the fellows through a process that includes review of submitted materials and interviews of the finalists. The Commission, which consists of a panel of distinguished judges, lawyers, and professors selected by the Chief Justice, seeks outstanding applicants who are personable, discreet, trustworthy, and committed to serving the federal judiciary.

How does the U.S. Supreme Court actually work? Most Americans may be in the dark about what goes on behind the scenes. As the first oral arguments of the Court's 2013 Term get underway today, it might be a good time for a quick refresher.

A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, apex court, and highest court of appeal. Broadly speaking, the decisions of a supreme court are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts.

The federal judiciary operates separately from the executive and legislative branches, but often works with them as the Constitution requires. Federal laws are passed by Congress and signed by the President. The judicial branch decides the constitutionality of federal laws and resolves other disputes about federal laws. However, judges depend on our government's executive branch to enforce court decisions.

A Term of the Supreme Court begins, by statute, on the first Monday in October. Usually Court sessions continue until late June or early July. The Term is divided between “sittings,” when the Justices hear cases and deliver opinions, and intervening “recesses,” when they consider the business before the Court and write opinions.