The Chief Justice always ranks first, regardless of when he was appointed.
Chief Justice
John G. Roberts, Jr.........................2005
Associate Justices, by Seniority
Antonin Scalia...............................1986
Anthony Kennedy...........................1988
Clarence Thomas...........................1991
Ruth Bader Ginsberg......................1993
Stephen Breyer..............................1994
Samuel Alito..................................2006
Sonia Sotomayor............................2009
Elena Kagan..................................2010
For more information on the US Supreme Court justices, see Related Questions, below.
The Chief Justice speaks first because he (or she) presides over the Court. The other justices traditionally speak in order of seniority, or time on the Court.
The US Supreme Court determines whether to hear a case according to the Rule of Four. If at least four of the nine Justices of the Supreme Court agree, they will grant certiorari and hear the case.
Not exactly. "Preside" means "to be in charge of," and that responsibility falls to the Chief Justice of the Supreme Court or, in his (or her) absence, the Senior Associate Justice (justice who has served on the court longest). All Supreme Court justices are assigned one or more Circuits over which they have responsibility for emergency orders, per federal law (18 USC § 42): "The Chief Justice of the United States and the associate justices of the Supreme Court shall from time to time be allotted as circuit justices among the circuits by order of the Supreme Court. "The Chief Justice may make such allotments in vacation. A justice may be assigned to more than one circuit, and two or more justices may be assigned to the same circuit." The justices do not preside over the Circuits, however. US District Courts typically seat only one judge per case to preside over the Court; the US Court of Appeals Circuit Courts typically provide for appellate review by a three-judge panel, with one of the three presiding over the panel.
No, there are nine justices on the US Supreme Court, per the Judiciary Act of 1869.President Franklin D. Roosevelt wrote draft legislation in 1937 that would have expanded the size of the Court by one new justices for each sitting justice over the age of 70.5, up to a maximum of six new justices (for a total of fifteen) in order to dilute the votes of certain older, conservative justices who ruled many of his New Deal programs unconstitutional. Congress sent the President's proposal to the Senate Judiciary Committee, where the Court-expanding provisions were quickly stripped from the bill. The remainder of the bill failed to pass a full Senate vote.For more information, see Related Questions, below.
The question and answer session is part of oral argument. Each attorney is given half-an-hour (unless given leave for extra time) to present a constitutional rationale representing their clients' interest in the case. The justices may interrupt with questions (in order of seniority) at any time, which they often do. There is no official term for this portion of the argument, although attorneys may have coined some unofficial ones.
The Chief Justice speaks first because he (or she) presides over the Court. The other justices traditionally speak in order of seniority, or time on the Court.
For a majority ruling on the Supreme Court, a minimum of five out of the nine justices must agree. This is because a majority decision requires more than half of the justices to support a particular outcome or opinion. It is necessary to have a majority in order to establish a binding decision for the Court.
In the US Supreme Court, the Chief Justice has the privilege of asking the first question. According to protocol, the eight Associate Justices may then ask questions in order of seniority.
The justices are traditionally seated in order of seniority, with the Chief Justice occupying the first seat. The most junior justice (newest justice) sits farthest from the Chief Justice.
The US Supreme Court determines whether to hear a case according to the Rule of Four. If at least four of the nine Justices of the Supreme Court agree, they will grant certiorari and hear the case.
President Franklin Roosevelt wanted US Supreme Court justices to retire in 1937. He proposed a plan to add additional justices to the court, known as the "court-packing" plan, in order to reshape the ideological balance of the court and secure favorable rulings for his New Deal policies.
The Rule of Four means four of the nine justices must agree to hear a case in order for it to be accepted on appeal. If four or more justices think the case is worth the Court's time, then the Supreme Court will issue a writ of certiorari to the lower court ordering them to send the case files to the Supreme Court, and the case will be placed on the docket.
Currently, there are nine justices. It is an odd number in order to prevent ties when voting on cases.
A Supreme Court justice must remain above reproach in his or her personal life. Justices can be impeached if they are guilty of moral turpitude or crimes of law.
A writ is an order of the court requiring action from another court or individual.Most cases are appealed to the US Supreme Court by a petition for a writ of certiorari, which is a request that the justices accept review of the case and issue a writ of certiorari, or order to the lower courts to send all trial and appellate records to the Supreme Court.
The US Supreme Court issues a writ of certiorari, or an order to the court from which the case is being appealed, to send the case records to the Supreme Court.In reality, the Supreme Court no longer issues a formal writ after granting certiorari; requesting files is now an administrative procedure handled by the Clerk of Court as a matter of routine.
The Supreme Court had expanded from six to seven justices by 1820, in order to handle a growing caseload.Chief JusticeJohn MarshallAssociate JusticesBushrod WashingtonWilliam JohnsonHenry Brockholst LivingstonThomas ToddGabriel DuvallJoseph Story