Supreme Court Litigation

The Supreme Court of the United States is the highest federal court in the United States and the only court specifically established by the Constitution of the United States, implemented in 1789.

This article is concerned with the process and procedures used by the modern court. For general discussion of the court's jurisdiction and composition, see Supreme Court of the United States; for discussion of the court's present and historical accommodations, see United States Supreme Court building; for discussion of the history of the court, see History of the Supreme Court of the United States.

A term of the Supreme Court commences on the first Monday of each October, and continues until June or early July of the following year. Each term consists of alternating periods of approximately two weeks known as "sittings" and "recesses." Justices hear cases and deliver rulings during sittings; they discuss cases and write opinions during recesses.

In nearly all of the cases heard by the Supreme Court, the Court exercises the appellate jurisdiction granted it by Article III of the Constitution. This authority permits the Court to review—and affirm or overturn—decisions made by lower courts and tribunals. Procedures for bringing cases before the Supreme Court have changed significantly over time. Today, cases are brought before the Supreme Court by one of several methods, of which the first two account for the overwhelming majority of cases decided:

Certain cases that have not been considered by a lower court may be heard by the Supreme Court in the first instance under what is termed original jurisdiction. The Supreme Court's authority in this respect is also derived from Article III of the Constitution, which states that the Supreme Court shall have original jurisdiction "in all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party." The original jurisdiction of the Court is set forth in 28 U.S.C. § 1251. This statute provides further that, in the case of disputes between two or more states, the Supreme Court holds both original and exclusive jurisdiction and no lower court may hear such cases.

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