The Supreme Court of the United States: Guardian of the Constitution

The Supreme Court of the United States (SCOTUS) stands as the pinnacle of the federal judiciary in the United States, representing the ultimate authority on legal matters. Its unique position grants it unparalleled power to interpret the law and ensure its adherence to the Constitution.

Jurisdiction and Authority

SCOTUS primarily operates under an ultimate and largely discretionary appellate jurisdiction. This means that while it is the highest court to which cases can be appealed, the vast majority of cases it hears are selected by the Court itself, typically through a writ of certiorari, where at least four of the nine justices must agree to hear the case. This appellate authority extends over all federal and state court cases that involve a crucial point of federal law, ensuring uniformity and finality in legal interpretation across the nation. Beyond its appellate role, the Court also possesses a narrow original jurisdiction, meaning certain types of cases can be filed directly with the Supreme Court, bypassing lower courts. As defined in the Constitution, these specific cases include "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." This ensures that disputes involving foreign diplomats or conflicts between states are handled by the highest judicial body from the outset.

A cornerstone of the Court's power is judicial review, a doctrine that allows it to invalidate a statute, law, or executive action for violating a provision of the United States Constitution. This pivotal power also extends to striking down presidential directives that conflict with either the Constitution or statutory law. However, the Court's authority is not limitless; it may only act within the specific context of a case over which it has proper jurisdiction. While the Court may indeed decide cases with significant political implications, it has historically ruled that it lacks the power to decide "non-justiciable political questions"—matters that are better resolved by the legislative or executive branches, or are beyond the scope of judicial expertise and enforcement.

Composition and Procedures

The framework for the Supreme Court was established by Article Three of the United States Constitution, laying the foundation for an independent judiciary. The specific composition and procedural guidelines were initially shaped by the 1st Congress through the Judiciary Act of 1789. Subsequently, the Judiciary Act of 1869 solidified the Court's current structure, mandating that it consist of the chief justice of the United States and eight associate justices, bringing the total to nine members.

Each justice holds lifetime tenure, a critical feature designed to ensure judicial independence and insulate them from political pressures. This means they remain on the Court until they choose to retire, resign, pass away, or are removed from office through the impeachment process. When a vacancy arises, the president of the United States nominates a new justice, who must then be confirmed by the Senate through a process known as "advice and consent." This mechanism serves as a crucial check and balance between the executive and legislative branches in shaping the judiciary.

In the decision-making process, each justice casts a single vote on the cases argued before the Court. When the chief justice is part of the majority in a decision, they have the significant power to assign which justice will author the official "Opinion of the Court," which sets the legal precedent. If the chief justice is in the minority, this task falls to the most senior associate justice among the majority.

The Court convenes in the iconic Supreme Court Building, located in Washington, D.C. Its dedicated law enforcement arm, responsible for the security of the building and its personnel, is the Supreme Court Police.

Roe v. Wade: A Pivotal Decision and Its Evolution

Roe v. Wade, 410 U.S. 113 (1973), stands as one of the most significant and often debated landmark decisions in the history of the U.S. Supreme Court. In this ruling, the Court asserted that the Constitution of the United States safeguards a pregnant woman's fundamental liberty to choose to have an abortion, free from excessive governmental restriction.

The impact of this decision was immediate and far-reaching, leading to the striking down of numerous existing U.S. federal and state abortion laws. Roe v. Wade ignited, and continues to fuel, an intense and ongoing abortion debate across the United States. This multifaceted debate encompasses questions about whether, and to what extent, abortion should be legal; who should ultimately determine the legality of abortion (e.g., federal government, state governments, or individuals); and the appropriate role of moral and religious views within the political sphere. Furthermore, the decision significantly shaped discussions within the legal community regarding the specific methods and judicial philosophies the Supreme Court should employ in constitutional adjudication.

The Journey to the High Court

The case originated with Norma McCorvey, famously known by her legal pseudonym "Jane Roe." In 1969, McCorvey became pregnant with her third child. Residing in Texas, she sought an abortion, but under state law, abortion was illegal except in situations where it was deemed necessary to save the mother's life. Her legal representation, attorneys Sarah Weddington and Linda Coffee, filed a lawsuit on McCorvey's behalf in U.S. federal court. Their suit targeted Henry Wade, the local district attorney, contending that Texas's abortion laws were unconstitutional.

The case was initially heard by a three-judge panel of the U.S. District Court for the Northern District of Texas, which ultimately ruled in McCorvey's favor. However, the District Court also ruled against two other parties who were similarly represented by Weddington and Coffee alongside McCorvey. Consequently, Weddington and Coffee appealed their partial loss to the U.S. Supreme Court. Concurrently, Henry Wade also cross-appealed his partial loss to the Supreme Court, setting the stage for the landmark review.

The Supreme Court's Ruling in Roe

In January 1973, the Supreme Court delivered a 7-2 decision largely in McCorvey's favor. The Court determined that the Due Process Clause of the Fourteenth Amendment to the United States Constitution implicitly provides a "right to privacy." This constitutional right, the Court ruled, protects a pregnant woman's right to choose whether to terminate her pregnancy. Crucially, the Court clarified that this right is not absolute and must be balanced against legitimate governmental interests in protecting both women's health and potential prenatal life.

To navigate this complex balancing test, the Court introduced a "trimester framework" for state regulation of abortion:

• First Trimester: During this period, governments could not prohibit abortions at all, acknowledging the minimal risks associated with early procedures and the strong emphasis on individual privacy.
• Second Trimester: In this phase, governments were permitted to enact reasonable health regulations concerning abortions, recognizing the increasing medical risks involved.
• Third Trimester: During the final trimester, as the fetus approached viability and the state's interest in protecting potential life became compelling, abortions could be prohibited entirely. However, such laws were required to include exceptions for cases where the procedure was necessary to save the life or health of the mother.

The Court classified the right to choose to have an abortion as "fundamental." This classification meant that any challenged abortion laws would be evaluated by courts under the "strict scrutiny" standard. Strict scrutiny is the highest level of judicial review in the United States, requiring the government to demonstrate that the law serves a "compelling governmental interest" and is "narrowly tailored" to achieve that interest, using the least restrictive means possible.

Subsequent Developments and Potential Reversal

The Supreme Court's ruling in Roe v. Wade drew significant criticism from various segments of the legal community, with some scholars and jurists labeling the decision an example of "judicial activism"—a term used to describe judicial rulings that are perceived to be based on personal or political considerations rather than established law. Over time, the Court revisited and modified Roe's legal framework in its 1992 decision, Planned Parenthood v. Casey.

In Planned Parenthood v. Casey, the Court largely reaffirmed Roe's central holding that a woman's right to choose to have an abortion is constitutionally protected. However, Casey significantly altered the legal landscape by overruling Roe's strict scrutiny standard for reviewing abortion restrictions. It also abandoned Roe's trimester framework. In their place, the Court introduced the "undue burden" standard, which dictates that a state regulation cannot place a substantial obstacle in the path of a woman seeking an abortion before fetal viability. Furthermore, Casey established fetal viability—the point at which a fetus can survive outside the womb, generally around 24 weeks of gestation—as the specific stage at which the state's compelling interest in protecting potential life truly begins.

More recently, on May 2, 2022, Politico obtained and published a leaked initial draft majority opinion penned by Justice Samuel Alito. This document indicated that the Supreme Court was prepared to overturn both Roe v. Wade and Planned Parenthood v. Casey in a pending final decision on the case of Dobbs v. Jackson Women's Health Organization, which was expected to be issued by June 2022. The following day, Chief Justice John Roberts issued a press release confirming the authenticity of the leaked document, though he emphasized that the draft "does not represent a decision by the Court or the final position of any member on the issues in the case." This development heightened the ongoing national debate surrounding abortion rights and the future of reproductive healthcare in the United States.

Frequently Asked Questions About the Supreme Court and Roe v. Wade

What is the primary role of the Supreme Court of the United States?

The Supreme Court serves as the highest court in the federal judiciary, primarily hearing appeals involving federal law or constitutional questions. It is the ultimate interpreter of the U.S. Constitution and federal law, ensuring consistent application across the nation and possessing the power of judicial review to invalidate unconstitutional laws or actions.

How many justices serve on the Supreme Court?

As established by the Judiciary Act of 1869, the Supreme Court consists of nine members: one Chief Justice of the United States and eight Associate Justices.

What is "judicial review" and who established it?

Judicial review is the power of the Supreme Court to determine whether laws, statutes, and governmental actions comply with the U.S. Constitution. While not explicitly mentioned in the Constitution, this power was famously asserted by the Court itself in the 1803 case of Marbury v. Madison, establishing its role as the ultimate arbiter of constitutional legality.

What was the core issue and ruling in Roe v. Wade?

Roe v. Wade centered on the constitutionality of abortion laws. The Supreme Court ruled that the Fourteenth Amendment's Due Process Clause includes an implicit "right to privacy" that protects a pregnant woman's right to choose to have an abortion, though this right is not absolute and can be subject to reasonable state regulations as pregnancy progresses.

How did Planned Parenthood v. Casey modify Roe v. Wade?

Planned Parenthood v. Casey reaffirmed the core constitutional right to abortion but significantly altered Roe's framework. It replaced the trimester system and the "strict scrutiny" standard with the "undue burden" standard, allowing states to regulate abortion as long as such regulations do not place a substantial obstacle in the path of a woman seeking an abortion before fetal viability. It also established fetal viability as the point at which the state's compelling interest in potential life begins.

What is the current status regarding Roe v. Wade as of May 2022?

As of May 2022, an initial draft majority opinion in the case of Dobbs v. Jackson Women's Health Organization was leaked, indicating that the Supreme Court was prepared to overturn Roe v. Wade and Planned Parenthood v. Casey. While Chief Justice John Roberts confirmed the authenticity of the draft, he also stated that it did not represent the Court's final decision or the final position of any justice in the pending case.