Article III, section 1, of the Constitution of the United States provides that "[t]he judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." The Supreme Court of the United States was created in accordance with this provision and by authority of the Judiciary Act of September 24, 1789 (1 Stat. 73). It was organized on February 2, 1790. The Supreme Court comprises the Chief Justice of the United States and such number of Associate Justices as may be fixed by Congress. Under that authority, and by virtue of act of June 25, 1948 (28 U.S.C. 1), the number of Associate Justices is eight. Power to nominate the Justices is vested in the President of the United States, and appointments are made with the advice and consent of the Senate. Article III, section 1, of the Constitution further provides that "[t]he Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office." A Justice may, if so desired, retire at the age of 70 after serving for 10 years as a Federal judge or at age 65 after 15 years of service. The Clerk, the Reporter of Decisions, the Librarian, and the Marshal are appointed by the Court to assist in the performance of its functions. Other Court officers, including the Administrative Assistant, the Court Counsel, the Curator, the Director of Data Systems, and the Public Information Officer, are appointed by the Chief Justice to assist him with the administrative aspects of his position. The library is open to members of the bar of the Court, attorneys for the various Federal departments and agencies, and Members of Congress. Only members of the bar of the Court may practice before the Supreme Court. The term of the Court begins, by law, the first Monday in October of each year and continues as long as the business before the Court requires, usually until about the end of June. Six members constitute a quorum. Approximately 7,000 cases are passed upon in the course of a term. In addition, some 1,200 applications of various kinds are filed each year that can be acted upon by a single Justice. Jurisdiction According to the Constitution (art. III, sec. 2), "[t]he judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;-to all Cases affecting Ambassadors, other public Ministers and Consuls;-to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party;—to Controversies between two or more States;-between a State and Citizens of another State;-between Citizens of different States;--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects. "In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make." Appellate jurisdiction has been conferred upon the Supreme Court by various statutes, under the authority given Congress by the Constitution. The basic statute effective at this time in conferring and controlling jurisdiction of the Supreme Court may be found in 28 U.S.C. 1251, 1253, 1254, 1257–1259, and various special statutes. Congress has no authority to change the original jurisdiction of this Court. Rulemaking Power Congress has from time to time conferred upon the Supreme Court power to prescribe rules of procedure to be followed by the lower courts of the United States. Pursuant to these statutes there are now in force rules promulgated by the Court to govern civil and criminal cases in the district courts, bankruptcy proceedings, admiralty cases, appellate proceedings, and the trial of misdemeanors before U.S. magistrate judges. For further information concerning the Supreme Court, contact the Public Information Office, United States Supreme Court Building, 1 First Street NE., Washington, DC 20543. Phone, 202-479-3211. Lower Courts Article III of the Constitution declares, in section 1, that the judicial power of the United States shall be invested in one Supreme Court and in "such inferior Courts as the Congress may from time to time ordain and establish." The Supreme Court has held that these constitutional courts". . . share in the exercise of the judicial power defined in that section, can be invested with no other jurisdiction, and have judges who hold office during good behavior, with no power in Congress to provide otherwise." United States Courts of Appeals The courts of appeals are intermediate appellate courts created by act of March 3, 1891 (28 U.S.C. ch. 3), to relieve the Supreme Court of considering all appeals in cases originally decided by the Federal trial courts. They are empowered to review all final decisions and certain interlocutory decisions (18 U.S.C. 3731, 3734; 28 U.S.C. 1291, 1292) of district courts. They also are empowered to review and enforce orders of many Federal administrative bodies. The decisions of the courts of appeals are final except as they are subject to discretionary review or appeal in the Supreme Court. The United States is divided geographically into 12 judicial circuits, including the District of Columbia. Each circuit has a court of appeals (28 U.S.C. 41, 1294). Each of the 50 States is assigned to one of the circuits, and the Territories are assigned variously to the first, third, and ninth circuits. There is also a Court of Appeals for the Federal Circuit, which has nationwide jurisdiction defined by subject matter. At present each court of appeals has from 6 to 28 permanent circuit judgeships (179 in all), depending upon the amount of judicial work in the circuit. Circuit judges hold their offices during good behavior as provided by Article III, section 1, of the Constitution. The judge senior in commission who is under 70 years of age (65 at inception of term), has been in office at least 1 year, and has not previously been chief judge, serves as the chief judge of the circuit for a 7-year term. One of the justices of the Supreme Court is assigned as circuit justice for each of the 13 judicial circuits. Each court of appeals normally hears cases in panels consisting of three judges but may sit en banc with all judges present. The judges of each circuit by vote determine the size of the judicial council for the circuit, which consists of the chief judge and an equal number of circuit and district judges. The council considers the state of Federal judicial business in the circuit and may "make all necessary and appropriate orders for [its] effective and expeditious administration. . ." (28 U.S.C. 332). The chief judge of each circuit summons annually a judicial conference of all circuit and district judges in the circuit, and sometimes members of the bar, to discuss the business of the Federal courts of the circuit (28 U.S.C. 333). The chief judge of each circuit and a district judge elected from each of the 12 geographical circuits, together with the chief judge of the Court of International Trade, serve as members of the Judicial Conference of the United States, over which the Chief Justice of the United States presides. This is the governing body for the administration of the Federal judicial system as a whole (28 U.S.C. 331). United States Court of Appeals for the Federal Circuit This court was established under Article III of the Constitution pursuant to the Federal Courts Improvement Act of 1982 (28 U.S.C. 1 note), as successor to the former United States Court of Customs and Patent Appeals and the United States Court of Claims. The jurisdiction of the court is nationwide (as provided by 28 U.S.C. 1295) and includes appeals from the district courts in patent cases; appeals from the district courts in contract, and certain other civil actions in which the United States is a defendant; and appeals from final decisions of the U.S. Court of International Trade, the U.S. Court of Federal Claims, and the U.S. Court of Veterans Appeals. The jurisdiction of the court also includes the review of administrative rulings by the Patent and Trademark Office, U.S. International Trade Commission, Secretary of Commerce, agency boards of contract appeals, and the Merit Systems Protection Board, as well as rulemaking of the Department of Veterans Affairs; review of decisions of the U.S. Senate Select Committee on Ethics concerning discrimination claims of Senate employees; and review of a final order of an entity to be designated by the President concerning discrimination claims of Presidential appointees. The court consists of 12 circuit judges. It sits in panels of three or more on each case and may also hear or rehear a case en banc. The court sits principally in Washington, DC, and may hold court wherever any court of appeals sits (28 U.S.C. 48). |