In the last decades of the 19th century, the Supreme Court was in danger of becoming overwhelmed with cases. So in 1891, Congress responded to the Court's plight by creating an intermediate level of federal courts known as circuit courts of appeal, or appellate courts, which heard appeals from lower district courts. Today, the district courts are divided geographically into 11 circuits, each headed by a court of appeals. An additional court of appeals in the District of Columbia hears cases generated by the federal government.A citizen can press a claim in either set of courts -- district or appellate -- but if that person feels that the lower court has ruled unfairly or incorrectly, he or she has the option of petitioning the Supreme Court to hear the case. If the Court decides to take the case, its opinion is final. There is no other legal action that the plaintiff may take. If the Supreme Court refuses to hear a case, then the decision of the previous lower court stands. The Court's refusal to review a case, however, in no way implies that the justices agree or disagree with the lower court's ruling.
The Supreme Court only can hear certain types of cases stipulated in the U.S. Constitution. The Court's jurisdiction extends only to controversies between two states; controversies between the United States and an individual state; actions by a state against a citizen of another state or an alien; and cases brought by or against a foreign ambassador or consul.
Out of the thousands upon thousands of requests each year, the Court selects only about 300 cases, and of those, about half are argued before the Court and receive a final opinion.
The justices tend to focus on several types of cases. One of these is called certiorari, when several lower courts have ruled and disagreed on opinions, and thus a "higher authority's" opinion is sought. The Court also looks at cases where a lower court has given an opinion on a matter sent to the Court earlier, but that at the time was rejected by it for review, or cases where the Court's views have changed and the justices wish to issue a new opinion.
The Court also has special jurisdiction to answer so-called "certified questions," involving cases in which a lower court of appeals was unable to make a judgment. Either the lower court asks the Supreme Court to provide instructions that the lower court follows, or the lower court asks the Court to take over the case and make the final decision.
In order for a case to receive Supreme Court review, four of the nine justices must agree that the case merits the Court's attention. If the Court agrees to review a case, it may decide the case on the basis of written briefs submitted by each side, or it may schedule a formal oral argument with the Court in session. Formal argument provides a more detailed presentation of the litigation, although no new factual evidence may be introduced. Sometimes the Court invites an amicus curiae, or friend of the court, who shows a plausible interest in the dispute and presents arguments other than those of the litigants.
Once the Court decides to hear a case, at least six of the nine Supreme Court justices must be present. When all the arguments have been heard, the nine justices meet privately. The chief justice begins by summarizing a particular case and giving his views on it. After he has spoken, the other eight justices speak in order of seniority, giving their opinions. The justices may also try to persuade dissenting colleagues or, if undecided, to gather more information. When the chief justice believes that no more discussion is needed, he calls for a vote. As they did when speaking, the justices vote in the same order, with the chief justice casting his vote first.
Once a vote has been taken, an opinion is assigned to be written. If the chief justice is in the majority, he can either appoint another majority member to write the opinion, or he can write it himself. If the chief justice is in the minority, the senior associate justice in the majority makes the assignment. He or she can write the opinion or pass it on to another justice in the majority.
Once an opinion is written, the justice who wrote it circulates it to the rest of the Court members, who have the option of adding their own additions or suggestions, which often can be polar opposites. In writing opinions, justices have been known to change their mind, and thus shift from the minority to the majority and vice versa.
Although only one justice writes the Court's final opinion, any other justice is free to write his or her own thoughts on a case. In the end, the final opinion must have the approval of at least five justices before it is released as the opinion of the Court.
-- Deborah M.S. Brown