Taking Back Our Stolen History
Supreme Court of the United States
Supreme Court of the United States

Supreme Court of the United States

(SCOTUS) is the highest court of the judiciary of the United States of America. Alexander Hamilton originally described the federal judiciary as the “least dangerous branch” due to the fact that it does not have the power to enforce its rulings, or control the country’s finances.[2] However, due to liberal tendencies the Supreme Court has grabbed so much power in the last half-century that it currently exceeds the authority of the other branches of government. The Supreme Court hears and decides fewer and fewer cases: 150 per year in the mid-1900s, to only 80-90 cases in 1990s and 2000s, to only 60-70 around 2020, and then only 50-60 cases in 2022.[3]

“If the … president doesn’t place morally sound Christians on the bench of our highest court of this land, we might as well look for a new country to raise our children in. The Reagan and George H. Bush administrations failed us when they nominated “moderates” to the bench and the Clinton administration further disappointed us with the nomination of Judge Ginsburg. The … presidential administration will determine the path the United States will take. Will it be path of light, or further darkness?” — Anthony A. Falzarano

Starting in 1791, the Supreme Court met in the Old City Hall building in Philadelphia. The size of the court was set at nine in the Judiciary Act of 1869. Between 1800 and 1935, it met primarily in the basement of the United States Capitol building, then in the Old Senate Chamber, until it moved into its present location at One First Street NE, Washington, D.C.

The Constitution does not specify the number of Justices on the Court. The Judiciary Act of 1869 set the number at the current nine, consisting of eight Associate Justices and one Chief Justice. To assist them there are many clerks, guards, and staff. Historians generally divide Court history into eras named after the Chief Justice then presiding (e.g., the Rehnquist Court and the Warren Court).

Justices are appointed by the U.S. President with the advice and approval of the U.S. Senate, which means that confirmation by a vote of a simple majority of the Senate is required before one can be sworn in as a Justice of the Supreme Court. There is no requirement that, whenever The Chief Justice’s seat is vacant, that the nominee be a member of the Court, though it is common.

A list of pending cases to be heard on their merits by the Supreme Court, also known as petitions for which certiorari has been granted, is available on its website.

With the exception of a few cases (mainly involving disputes between states) where the Court has original jurisdiction, a party to a case from a lower court (either a Federal appellate court, or a state supreme court if the party is arguing that a United States Constitutional right was violated) must request the court to grant a writ of certiorari to hear the case.

The Court grants the writ in only about one out of every 100 petitions filed with it each year. And when granted, not all cases result in an actual court hearing: the court may grant the writ in a case similar to one where the Court did render an opinion, but then instead of a hearing will remand (return to the lower court) the case to reconsider its decision in light of the Court’s opinion in the similar case (this is common if the opinion was rendered either during a term of the Court or the immediately preceding prior term).

When a case is heard, the Court hears the cases en banc (as opposed to lower level courts where a panel may hear the case). Time limits are very strict, usually only one hour (divided between the parties) is granted (though, in some exceptional cases, extra time may be granted) and the parties are frequently interrupted by a Justice asking a question or making a comment (though notably, Justice Clarence Thomas had a long period where he didn’t ask a question from the bench).

Prior to the Marshall Court, the Court issued opinions in seriatim. This means that each Justice wrote his own opinion and delivered it from the bench. Currently, the Court issues one opinion, said to be “the opinion of the Court”. Opinions tend to have the history of the case, followed by the Court’s reasoning and action. Generally the opinion will be written by a member of the majority, chosen by either the Chief Justice or the most senior Justice in the majority.

When a majority of Justices agrees to the opinion, it is called the majority opinion. Occasionally, a majority of Justices agrees to the remedy, yet a minority of Justices agrees with the main opinion. This is called a plurality opinion.

Justices that disagree with the Court’s action can and frequently do write dissenting opinions, which state their objections to the ruling. When a Justice agrees with an action, but not the reasoning behind it, he may write a concurring opinion, which states the reasoning he would have used. Such opinions have no bearing on the case at bar, but are often used later in time as justification for legal rulings.

Current members

NameDate of AccessionAppointed byTitleGeneral ideology
Clarence ThomasOctober 23, 1991George H. W. BushAssociate Justiceconservative
Stephen BreyerAugust 3, 1994Bill ClintonAssociate Justiceliberal
John RobertsSeptember 29, 2005George W. BushChief Justicemoderate/liberal
Samuel AlitoJanuary 31, 2006George W. BushAssociate Justiceconservative
Sonia SotomayorAugust 6, 2009Barack ObamaAssociate Justiceliberal
Elena KaganAugust 7, 2010Barack ObamaAssociate Justiceliberal
Neil GorsuchApril 10, 2017Donald TrumpAssociate Justiceconservative
Brett KavanaughOctober 6, 2018Donald TrumpAssociate Justiceconservative
Amy Coney BarrettOctober 26, 2020Donald TrumpAssociate Justiceconservative

Source: Conservapedia

Chronological History of Events Related to SCOTUS

Lee v. Weisman: Supreme Court Ruled 5-4 that Prayers During School Graduation Violate the Establishment Clause

Lee v. Weisman: Supreme Court Ruled 5-4 that Prayers During School Graduation Violate the Establishment Clause

In the case of Lee vs. Weisman, The Supreme Court ruled that for an adult to mention the word God at a public graduation constituted both psychological and religious coercion against his students. Yet, consider the actions of William Samuel Johnson, a signer of the Constitution and one of America’s leading educators who served as the first president of Columbia College. At his graduation exercises William Samuel ...
Supreme Court Nominee Clarence Thomas and Sexual Harassment Accuser Anita Hill Begin Testimony Before the Senate Judiciary Committee

Supreme Court Nominee Clarence Thomas and Sexual Harassment Accuser Anita Hill Begin Testimony Before the Senate Judiciary Committee

After Justice William Brennan stepped down from the Supreme Court in July 1990, Thomas was one of five candidates on President Bush's shortlist for the position and Bush's favorite of the five. Ultimately, after consulting with his advisors, Bush decided to hold off on nominating Thomas, and nominated Judge David Souter of the First Circuit instead. Justice Thurgood Marshall announced his retirement, and on July 1, ...
Washington, D.C. City Council passed a law generally prohibiting residents from possessing handguns

Washington, D.C. City Council passed a law generally prohibiting residents from possessing handguns

Washington, D.C. City Council passed a law generally prohibiting residents from possessing handguns and requiring that all firearms in private homes be (1) kept unloaded and (2) rendered temporally inoperable via disassembly or installation of a trigger lock. On June 26, 2008, the U.S. Supreme Court, in a 5-4 ruling, struck down this law as unconstitutional. During the years in which the D.C. handgun ban and ...
The US Supreme Court Issued the Roe v. Wade Decision, Which, in Effect, Legalized Abortion-On-Demand.

The US Supreme Court Issued the Roe v. Wade Decision, Which, in Effect, Legalized Abortion-On-Demand.

In 1970, Norma McCorvey, under the pseudonym “Jane Roe,” filed a law suit challenging the Texas laws that criminalized abortion. The “Roe” of that case is described as a pregnant woman who “wished to terminate her pregnancy by an abortion ‘performed by a competent, licensed physician, under safe, clinical conditions’; that she was unable to get a ‘legal’ abortion in Texas..." Her attorneys, looking to further ...
26th Amendment Ratified: Right to Vote at Age 18

26th Amendment Ratified: Right to Vote at Age 18

The 26th Amendment to the United States Constitution bars the federal government, as well as all state and local governments, from using age as a justification for denying the right to vote to any citizen of the United States who is at least 18 years of age. In addition, the Amendment grants Congress the power to “enforce” that prohibition through “appropriate legislation.” The complete text of the ...
Epperson v. Arkansas: The U.S. Supreme Court Ruled that a Law Prohibiting the Teaching of Evolution in Tax-Supported Schools is Unconstitutional

Epperson v. Arkansas: The U.S. Supreme Court Ruled that a Law Prohibiting the Teaching of Evolution in Tax-Supported Schools is Unconstitutional

The evolution controversy did not come before the U.S. Supreme Court until Epperson v. Arkansas,[39] a 1968 challenge to the constitutionality of an Arkansas statute prohibiting the teaching of evolution.[40] By this time, the nonestablishment clause had been applied to the states, and in this case the Jeffersonian and Madisonian view of that clause carried the day. In other words, the challenge to the Arkansas law ...
Murray v. Curlett Ruling: School Prayer Removed from School by Supreme Court

Murray v. Curlett Ruling: School Prayer Removed from School by Supreme Court

Madalyn Murray O'Hair, a militant left wing atheist with close ties to the American Communist Party, took the school board of Baltimore to court for allowing prayer in school. The local court judge J. Gilbert Pendergast dismissed the petition stating, "It is abundantly clear that petitioners' real objective is to drive every concept of religion out of the public school system." The case went to the ...
Abington Township School District v. Schempp "Bible Reading in School" Ruled Unconstitutional by Supreme Court

Abington Township School District v. Schempp “Bible Reading in School” Ruled Unconstitutional by Supreme Court

The Pennsylvania school system complied with a state law requiring that ten verses of scripture be read every day. The readings were without interpretation, comment or questions asked, and any student could request to be excused. It was voluntary without coercion, and the Schempp girl never asked to be excused and even volunteered to read the Bible on occasions. (This point was not brought up when the ...
Torcaso v. Watkins: The Supreme Court Ruled it Unconstitutional for a Person Seeking Public Office to Have to Declare Their Belief in the Existence of God

Torcaso v. Watkins: The Supreme Court Ruled it Unconstitutional for a Person Seeking Public Office to Have to Declare Their Belief in the Existence of God

In A.D. 1961, the United States Supreme Court decided the case of Torcaso v Watkins.  The case hinged on the right of a man who had otherwise qualified for the office of Notary Public in “Maryland” to assume that office without first confessing (as required by the Maryland Constitution) that he believed in God. The man was an atheist and refused to falsely confess that he ...
Brown v. Board of Education of Topeka, Kansas: U.S. Supreme Court Justice Earl Warren Delivered the Unanimous Ruling Ending the Plessy v. Ferguson "Separate But Equal" Ruling

Brown v. Board of Education of Topeka, Kansas: U.S. Supreme Court Justice Earl Warren Delivered the Unanimous Ruling Ending the Plessy v. Ferguson “Separate But Equal” Ruling

U.S. Supreme Court Justice Earl Warren delivered the unanimous ruling in the landmark civil rights case Brown v. Board of Education of Topeka, Kansas. State-sanctioned segregation of public schools was a violation of the 14th amendment and was therefore unconstitutional. This historic decision marked the end of the "separate but equal" precedent set by the Supreme Court nearly 60 years earlier in Plessy v. Ferguson and ...