Supreme Court 101: Seven Questions About the Court, the Justices, and Their Rulings
Justice Ketanji Brown Jackson made history this month by becoming the first Black woman nominated and confirmed to the Supreme Court. The whole country is talking about Judge Brown Jackson, and people have a lot of questions! Keep reading for a refresher on the Supreme Court, the nomination process, and what it all means for our rights and freedoms as Americans.
Q: What does the Supreme Court do?
A: The Supreme Court is, as they say, the highest court in the land. The Supreme Court’s job is to make rulings on very important court cases, usually by interpreting the Constitution and applying it to the matter at hand. All kinds of court cases are brought before the Supreme Court, but they do not typically start there. Many of the cases the Supreme Court rules on all start in lower (more local) courts and get appealed upward in appellate courts. Some cases (like Marbury v. Madison) start in the Supreme Court—these tend to be big issues like disputes between states.
Some of the most famous and important Supreme Court cases are:
Q: How are justices selected for the Court?
A: Justices must be nominated by the current president. Once the president makes a formal nomination, the Senate Judiciary Committee (10 Democratic senators and 10 Republican senators) holds a hearing to confirm or reject that nominee. At the hearing, senators question the nominee about their experience, credentials, and philosophy.
If the Judiciary Committee confirms the nominee, then all 100 senators vote to confirm or reject them by simple majority vote. Senators often—but not always—cast their votes along party lines.
Q: What makes someone qualified to be on the Court?
A: It depends on who you ask! There are no specific Supreme Court qualifications or requirements in the Constitution. Most, but not all, Justices have experience as judges and lawyers before joining the Supreme Court.
Q: Why is the nomination process so contentious?
A: Like most Americans, Justices tend to lean either conservative or liberal. It is very common for a Democratic president to nominate a somewhat liberal judge, and for a Republican president to nominate a more conservative person. For the Senate—and often for the rest of the country—this can feel like a zero-sum game. Senators want to confirm Justices who will interpret the Constitution the way they want, or the way their voting base wants, especially when it comes to big issues like reproductive choice. There are currently six conservative and three liberal Justices on the Court, which means a firm conservative majority.
Q: Who is on the Court right now?
A: The Supreme Court is currently composed of Chief Justice John Roberts, Clarence Thomas, Stephen Breyer, Samuel Alito, Sonia Sotomayor, Elena Kagan, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. There are no term limits for these Justices—they may serve for life if they wish. Justice Breyer has elected to retire when the Court lets out for summer this year, and he will be replaced by Biden’s nominee, the newly-confirmed Justice Ketanji Brown Jackson.
Q: What is the Court going to rule on this year?
A: The Court has already ruled on some big cases like Biden and OSHA’s vaccine mandates. There are several important cases coming up this year, ranging from gun control to reproductive choice to the death penalty. The most commonly-discussed case on the docket is Dobbs v. Jackson Women’s Health Organization, which has to do with abortion access and potentially overturning the Roe v. Wade case. As a quick refresher, Roe v. Wade granted people the right to end their pregnancy and has been the law for almost 50 years, since 1973.
Q: What happens if the Supreme Court overturns Roe v. Wade?
A: If the Supreme Court overturns Roe v. Wade, individual states will be permitted to ban abortions or make other laws that restrict access to reproductive healthcare. Experts expect about 26 states to restrict abortion access if that happens. Many of these states, like Mississippi and Texas, have unenforceable or only partially-enforceable abortion bans on the books right now—you may have seen headlines about them. If the Supreme Court overturns Roe v. Wade, these laws will take full effect. These are sometimes called trigger laws: a change from the Court could trigger them.
Not sure what you think about the Supreme Court, Justice Ketanji Brown Jackson, or abortion rights? You’re not alone. If you’re looking for a supportive community of women to talk through big issues like these, come join us!
