The Handy Supreme Court Answer Book. David L Hudson
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question, in sum, is not whether the ABA’s voice should be heard in the judicial selection process. Rather, the question is whether the ABA should play a unique, quasi-official role and thereby have its voice heard before and above all others. We do not think that kind of preferential arrangement is either appropriate or fair.
It would be particularly inappropriate, in our view, to grant a preferential, quasi-official role to a group, such as the ABA, that takes public positions on divisive political, legal, and social issues that come before the courts. This is not to suggest that the ABA should not adopt policy positions or express its views. But considerations of sound constitutional government suggest that the President not grant a preferential, quasi-official role in the judicial selection process to a politically active group.
However, the Senate Judiciary Committee asked the ABA Standing Committee on the Federal Judiciary to continue reviewing those nominated for federal judgeships. And the White House still used the ABA’s recommendation of “highly qualified” for nominee Samuel Alito Jr. in arguing that he should be confirmed. The ABA’s ratings of “highly qualified,” “qualified,” and “not qualified” still carry great weight in the legal profession.
When and how did the Court come to be composed of nine justices?
The Court’s membership grew to nine members with the passage of the Judiciary Act of 1869. The thinking behind the legislation was to have a Supreme Court justice for every circuit court of appeals. Since there were nine circuit courts, it made sense to have nine justices on the Supreme Court.
The number of justices has fluctuated over the years from between five to ten. Since 1869, the number has remained at nine. However, in 1937, President Franklin D. Roosevelt introduced his “court-packing” plan that would have increased the Court’s size to as many as fifteen justices. His proposal was not passed and the number has remained constant.
What is the compensation of the Supreme Court justices and other federal judges?
The chief justice makes $212,100 per year, while the associate justices make $203,000 per year. This has risen dramatically since the time of the first Supreme Court justices when the chief made $4,000 a year and the associate justices $3,500 a year. Federal law, 28 U.S.C. Section 5 provides: “The Chief Justice and each associate justice shall each receive a salary at annual rates determined under section 225 of the Federal Salary Act of 1967 (2 U.S.C. 351–361), as adjusted by section 461 of this title.”
Federal appeals court judges make $175,100 a year, while federal district court judges make $162,500 a year.
THE BUILDING
Where did the U.S. Supreme Court first meet?
The U.S. Supreme Court first met in the Royal Exchange Building on Broad Street in New York City on February 2, 1790. The Court met on the second floor of the building in the afternoons, as the New York state legislature met there during the morning hours. A year later, the Court convened in Philadelphia, the new national capital. The U.S. Supreme Court did not meet in Washington, D.C., until February 2, 1801.
In what other places did the U.S. Supreme Court meet?
The Court met in Philadelphia from February 1791 until it moved to Washington, D.C., in 1801. The Court met in two places in Philadelphia—first, in the State House, and then for the rest of the decade in the Philadelphia City Hall building. The Supreme Court shared its physical location with the Mayor’s Court. If the Court’s schedule conflicted with the local court, the Court would often move upstairs to a room occupied by the Common Council.
In February 1801, the Court moved to Washington, D.C., where it met in an unfinished committee room in the Capitol building until 1809. In 1808 and 1809, the Capitol building underwent major remodeling, which forced the Court to move to several locations, including a nearby tavern in 1809.
In 1810, the Court began meeting in the basement of the Capitol. That changed when the British burned the building to the ground in August 1814 during the War of 1812. The justices met for approximately two years in a rented house near the Capitol building. That house later became known as Bell Tavern. In 1817, the Court returned to the Capitol to a room described as “little better than a dungeon.” In 1819, the Court returned to its courtroom where it remained until 1860 when it moved upstairs to the Old Supreme Court Chamber. The Court remained in this location until it finally received its own building in 1935.
A view of the Philadelphia State House, the second home of the U.S. Supreme Court, after it moved there from New York City. Library of Congress.
When did the U.S. Supreme Court get its own building?
Surprisingly, the U.S. Supreme Court did not receive its own building until 1935. The Court had met for more than 145 years in other locations before it moved into the Supreme Court Building, located at First and East Capitol Streets NE, in Washington, D.C. In 1929, Chief Justice William Howard Taft (a former president of the United States) managed to convince Congress to fund a building for the U.S. Supreme Court.
What is the nickname of the Supreme Court Building?
The nickname of the building is the Marble Palace, because white marble represents the primary material used in the building. According to the Supreme Court’s own Web site, $3 million worth of marble was used in its construction. Famous attorney and scholar John Paul Frank published a book about the U.S. Supreme Court in 1958 entitled Marble Palace: The Supreme Court in American Life.
What famous case did John Frank argue before the Court?
In addition to being a Supreme Court scholar, John Frank was a first-rate attorney. He represented Ernesto Miranda in the famous Miranda v. Arizona case decided by the Warren Court in 1966. He also argued for the State of Arizona in the lawyer-advertising case Bates v. State Bar of Arizona (1977).
The Supreme Court Building in Washington, D.C., home of the highest court in the land since 1935. iStockphoto.
Who was the architect of the new Supreme Court Building?
Cass Gilbert, who also designed the Customs House and the U.S. Chamber of Commerce Building in Washington, D.C., was the architect of the new Supreme Court Building. Unfortunately, Gilbert died before the completion of the building, which was then handled by his son, Cass Gilbert Jr.
THE TERM
When does the U.S. Supreme Court meet?
The U.S. Supreme Court convenes the first Monday of October for the start of its new term. The Court’s term usually ends at the end of June. Federal law, codified at 28 U.S.C. section 2 provides: “The Supreme Court shall hold at the seat of government a term of court commencing on the first Monday in October of each year and may hold such adjourned or special terms as may be necessary.”
When did the Court first begin its terms on the first Monday of October?
The U.S. Supreme Court first began its term on the first Monday in October 1917. Congress had passed a law effectuating such a change in a 1916 statute. In the mid-nineteenth century, the Court was beginning its term in December and meeting through March. However, the Court’s