SCOTUS |
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Cases by term |
Judgeships |
Posts: 9 |
Judges: 9 |
Judges |
Chief: John Roberts |
Active: Clarence Thomas • Ruth Bader Ginsburg • Stephen Breyer • Samuel Alito • Sonia Sotomayor • Elena Kagan • Neil Gorsuch • Brett Kavanaugh |
The Supreme Court of the United States is the highest judicial body in the country and leads the judicial branch of the federal government. It is often referred to by the acronym SCOTUS.[1]
The Supreme Court began hearing cases for the term on October 7, 2019. The court's yearly term begins on the first Monday in October and lasts until the first Monday in October the following year. The court generally releases the majority of its decisions in mid-June.[2] Delays from the coronavirus pandemic in 2020 caused the court to release opinions into July for the first time since 1996.[3]
The court issued decisions in 63 cases this term. Between the 2007 and 2019 terms, SCOTUS released opinions in 991 cases, averaging 76 cases per year.
The court agreed to hear 74 cases during its 2019-2020 term. Twelve cases were postponed to the 2020-2021 term, due to the coronavirus pandemic. One case, Sharp v. Murphy, was never scheduled for argument and another case, Walker v. United States, was dismissed without argument after the petitioner died.
The U.S. Supreme Court announced on March 12, 2020, that it was closing to the public indefinitely "out of concern for the health and safety of the public and Supreme Court employees." On April 13, the court announced it would hear oral arguments by telephone conference in a number of cases from its March and April sittings. The court had postponed the 20 hours of oral argument originally scheduled during these sittings. The delays were "in keeping with public health precautions recommended in response to COVID-19."[4][5] Click here for more information about the court's response to the coronavirus pandemic.
See the sections below for additional information on the October 2019 term of the Supreme Court of the United States.
Article III, Section 2 of the United States Constitution establishes the court's jurisdiction. The court has original jurisdiction—when it is the first and only to hear a case—and appellate jurisdiction—when it reviews the decisions of lower courts.[6]
Parties petition SCOTUS to hear a case if they are not satisfied with a lower court's decision. The parties petition the court to grant a writ of certiorari. A writ of certiorari is an "order issued by the U.S. Supreme Court directing the lower court to transmit records for a case it will hear on appeal."[6][7]
Select a region to learn more about its court of appeals.
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SCOTUS' term is divided into sittings, when the justices hear cases.[8]
October 7, 2019
October 8, 2019
October 15, 2019
October 16, 2019
November 4, 2019
November 5, 2019
November 6, 2019
November 12, 2019
November 13, 2019
December 2, 2019
December 3, 2019
December 4, 2019
December 9, 2019
December 10, 2019
December 11, 2019
January 13, 2020
January 14, 2020
January 15, 2020
January 21, 2020
January 22, 2020
February 24, 2020
February 25, 2020
February 26, 2020
March 2, 2020
March 3, 2020
March 4, 2020
On March 16, 2020, the U.S. Supreme Court announced it was postponing the oral arguments scheduled during the March sitting in response to the coronavirus pandemic. Click here for more information.
The arguments were originally scheduled for the following dates:
March 23, 2020
March 24, 2020
March 25, 2020
March 30, 2020
March 31, 2020
April 1, 2020
On April 3, 2020, the U.S. Supreme Court announced it was postponing the oral arguments scheduled during the April sitting in response to the coronavirus pandemic. Click here for more information.
The arguments were originally scheduled for the following dates:
April 20, 2020
April 21, 2020
April 22, 2020
April 27, 2020
April 28, 2020
April 29, 2020
On April 13, the U.S. Supreme Court announced it would hear oral arguments by telephone conference in 13 cases from its March and April sittings, which had previously been postponed. The delays were "in keeping with public health precautions recommended in response to COVID-19."[4][5]
May 4, 2020
May 5, 2020
May 6, 2020
May 11, 2020
May 12, 2020
May 13, 2020
The following cases were originally scheduled for the 2019-2020 term but were postponed due to the coronavirus pandemic.
The Supreme Court began hearing cases for the 2020-2021 term on October 5, 2020. Click here for more information.
The court did not deliver opinions in October.
November 25, 2019
December 10, 2019
December 11, 2019
January 14, 2020
February 24, 2020
February 25, 2020
February 26, 2020
March 3, 2020
March 23, 2020
March 30, 2020
April 6, 2020
April 20, 2020
April 23, 2020
April 27, 2020
May 7, 2020
May 14, 2020
May 18, 2020
June 1, 2020
June 8, 2020
June 15, 2020
June 18, 2020
June 22, 2020
June 25, 2020
June 29, 2020
June 30, 2020
July 6, 2020
July 8, 2020
July 9, 2020
July 14, 2020
Coronavirus pandemic |
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By law, each Supreme Court term begins on the first Monday in October and lasts until the first Monday in October the following year. The court's 2019-2020 term began on October 7, 2019, and ended on October 5, 2020. Traditionally, the court finishes releasing opinions in June.[2] However, delays from the coronavirus pandemic caused the court to release opinions into July for the first time since 1996. Before that, the last time the court issued opinions into July was in 1988.[3]
Stephen Wermiel, writing for SCOTUSblog, noted that during Chief Justice Warren Burger's tenure (1969-1986), "it was common for terms to run [into July]. Indeed, in 1976 and in every year from 1978 through 1986, the court handed down decisions in the first week of July." During that time, the Supreme Court decided as many as 150 cases in a term.[3] Between 2007 and 2018, SCOTUS released opinions in an average of 77 cases per year.
The court released the term's final opinions on July 9, 2020. Before that, the latest regular date for issuing opinions between 1960 and 2020 was July 7, 1986. The court continued to release opinions until July 6 in 1976 and 1983.[3]
On May 29, 2020, Senate Judiciary members Chuck Grassley (R-Iowa) and Patrick Leahy (D-Vt.) asked the court to permanently provide live audio of oral arguments even after the coronavirus pandemic. The senators also requested that the court provide live video access to oral arguments. The senators cited two polls indicating widespread support for providing live audio access to the public. "Given this widespread support for access to our nation’s highest court – and the countless contributions it makes towards the civics education of the American public – there is no reason why pro-transparency measures should end when the Court returns to its normal functions," the senators wrote.[9]
Before the coronavirus pandemic, the court released audio and transcripts of oral arguments during a given week on Fridays.
On April 13, 2020, the U.S. Supreme Court announced it would hold arguments by teleconference for 13 cases from May 4 to May 13 that were previously postponed from the March and April sittings. The court's public information officer said that live audio of the arguments would be made available to the public for the first time in the court's history.[10] Click here for more information on the cases the court decided to hear in May.
On April 28, the court announced new procedures for conducting the oral arguments via conference call. The court used a teleconferencing system to hear oral arguments. Several new procedures were announced, including rules for which Justices will ask questions based on seniority.[11]
On April 3, 2020, the U.S. Supreme Court announced it was postponing the eight hours of oral argument originally scheduled during its April sitting. In a statement, the court said it would "consider rescheduling some cases from the March and April sessions before the end of the Term, if circumstances permit in light of public health and safety guidance at that time."[12]
The court said it would continue to release opinions using the court website, hold regularly scheduled conferences, and issue order lists.[12]
On March 16, 2020, the U.S. Supreme Court announced it was postponing the 11 hours of oral argument originally scheduled during its March sitting. In a press release, the court said the delay was "in keeping with public health precautions recommended in response to COVID-19."[5]
The U.S. Supreme Court announced on March 12, 2020, that it was closing to the public indefinitely, beginning at 4:30 p.m. that day. The court posted on its website, "Out of concern for the health and safety of the public and Supreme Court employees, the Supreme Court Building will be closed to the public from 4:30 p.m. on March 12, 2020, until further notice." The closure was related to the outbreak of coronavirus disease 2019 (abbreviated COVID-19).[13] For more information on government responses to the virus, click here.
On July 24, 2020, the U.S. Supreme Court rejected a request by a Nevada church for permission to hold in-person services in excess of COVID-19 capacity limits imposed by Gov. Steve Sisolak (D). The church, in its emergency application to the justices, sought an injunction pending appellate review that would bar enforcement of Directive 021, which would “allow the church to host religious gatherings on the same terms as comparable secular assemblies.” At issue in the case was the church’s argument that the capacity limit violated the Free Exercise Clause of the First Amendment in that it “treats at least seven categories of secular assemblies 'where large groups of people gather in close proximity for extended periods of time' better than religious services." The directive, which imposed a 50% fire-code capacity limit on places of business, such as casinos, restaurants, and movie theaters, limited gatherings at places of worship to a 50-person maximum. The court, in a 5-4 split, rejected the request. The majority made no comment, a common practice when acting on emergency applications. In a dissent, Justice Samuel Alito wrote that the state's argument that "allowing Calvary Chapel to admit 90 worshippers presents a greater public health risk than allowing casinos to operate at 50% capacity is hard to swallow." Justices Clarence Thomas and Brett Kavanaugh joined Alito's dissent. Justice Neil Gorsuch and Kavanaugh each wrote separate dissents.[14]
South Bay United Pentecostal Church, et al. v. Newsom: On May 29, 2020, the United States Supreme Court rejected a challenge to California's religious gathering limits, which order attendance in churches or places of worship to a maximum of 25% or 100 attendees. The 5-4 decision was joined by Chief Justice Roberts who warned against intervening in emergencies: "Where those broad limits are not exceeded, they should not be subject to second-guessing by an 'unelected federal judiciary,' which lacks the background, competence, and expertise to assess public health and is not accountable to the people." Justice Kavanaugh joined the remaining three Republican-appointed justices in dissenting from the ruling, arguing that the California limits "indisputably discriminates against religion."[15]
On July 14, 2020, the U.S. Supreme Court voted 5-4 to allow the Federal Bureau of Prisons to carry out the first federal execution in 17 years, the last having occurred in 2003.[16][17] One year before the ruling, in July 2019, United States Attorney General William Barr directed the Bureau of Prisons to resume capital punishment and to replace the previous standard three-drug lethal injection method with a single drug, pentobarbital. The Justice Department's statement said, "Since 2010, 14 states have used pentobarbital in over 200 executions, and federal courts, including the Supreme Court, have repeatedly upheld the use of pentobarbital in executions as consistent with the Eighth Amendment."[18]
On November 20, 2019, judge Tanya S. Chutkan of the United States District Court for the District of Columbia issued an injunction that prevented four federal executions from taking place as scheduled in December. Chutkan said in the ruling that the executions would prevent those convicted from challenging lethal injection in court.[19] The Justice Department appealed the ruling to the Supreme Court. On December 6, 2019, the Supreme Court declined to lift Chutkan's injunction, sending the case back to the United States Court of Appeals for the District of Columbia Circuit for consideration.[20] In April 2020, the appellate court lifted Chutkan's injunction.[21]
Daniel Lewis Lee, one of the four inmates originally set to be executed in December, was scheduled to receive lethal injection on July 13. That day, Judge Chutkan issued another injunction to halt the execution, ruling that lethal injection by pentobarbital constitutes "cruel and unusual punishment" and thus violates the Eighth Amendment.[16][22] The Justice Department appealed the ruling immediately to the United States Court of Appeals for the District of Columbia Circuit, which upheld Chutkan's ruling.[22] The Justice Department then appealed the decision to the Supreme Court. The Supreme Court voted 5-4 to overturn the ruling and allow Lee's execution to proceed. In the unsigned majority opinion, the justices quoted a decision issued in 2019 and wrote, "'Last-minute stays' like that issued this morning 'should be the extreme exception, not the norm.' It is our responsibility 'to ensure that method-of-execution challenges to lawfully issued sentences are resolved fairly and expeditiously,' so that 'the question of capital punishment' can remain with 'the people and their representatives, not the courts, to resolve.' In keeping with that responsibility, we vacate the District Court’s preliminary injunction so that the plaintiffs’ executions may proceed as planned."[23]
Lee's execution took place hours after the Supreme Court's ruling on July 14, in Terre Haute, Indiana.[24] Two more of the four individuals originally scheduled to be executed in December 2019, Wesley Ira Purkey and Dustin Lee Honken, were executed in the following two days.[22]
On June 15, 2020, the U.S. Supreme Court declined to grant nine relisted cases seeking reexamination of the qualified immunity doctrine. The doctrine was established in the U.S. Supreme Court case Harlow v. Fitzgerald (1982) and expanded in later cases.[25] NPR's Nina Totenberg described the doctrine: "The qualified immunity doctrine, as applied to police, initially asks two questions: Did police use excessive force, and if they did, should they have known that their conduct was illegal because it violated a 'clearly established' prior court ruling that barred such conduct?" Justices Clarence Thomas and Sonia Sotomayor previously expressed opposition to the doctrine.[26]
On March 11, 2020, SCOTUS decided to allow the Trump administration to have some asylum-seekers wait in Mexico while U.S. officials process their claims. The ruling in Wolf v. Innovation Law Lab allowed U.S. Department of Homeland Security (DHS) personnel to follow the Migrant Protection Protocols (MPP), called the Remain in Mexico policy, while challenges to the policy worked through the lower courts. The order granting a temporary stay of the injunction said that stay would last until the case came before SCOTUS for a final decision. Justice Sonia Sotomayor would have denied the government’s request for a stay.[27]
On January 27, 2020, SCOTUS voted 5-4 to allow the U.S. Department of Homeland Security (DHS) to begin enforcing a rule that authorizes the federal government to deny immigrants a visa or a green card if they rely on government assistance.[28]
On August 14, 2019, DHS issued the final rule detailing how federal agencies determine the inadmissibility of immigrants likely to become public charges (e.g. dependent on government assistance).[29] Five federal judges later issued injunctions blocking the rule from taking effect. Appellate courts lifted three of the injunctions in December 2019, but a nationwide injunction from the U.S. District Court for the Southern District of New York and a statewide injunction from the U.S. District Court for the Northern District of Illinois remained in effect.[30] On January 13, 2020, DHS requested that the U.S. Supreme Court stay the nationwide injunction issued by Judge George B. Daniels of the Southern District of New York.[31]
SCOTUS granted the request for a stay. In a concurring opinion filed with the order, Gorsuch urged lower courts to curtail the practice of issuing nationwide injunctions, arguing in part that the broad orders impact individuals who are not parties to the cases at hand.[28] The decision allows the rule to take effect nationwide pending a final decision in State of New York et al. v. U.S. Department of Homeland Security et al. The statewide injunction blocking the rule in Illinois remained in effect as of January 28, 2020.[32]
On October 4, 2019, SCOTUS announced that it would hear June Medical Services LLC v. Russo during the 2019-2020 term. The case which involved a challenge to a Louisiana law that established requirements for doctors performing abortions to possess admitting privileges at nearby hospitals. The date for oral argument was not announced. On February 7, 2019, the Court voted 5-4 to stay enforcement of the Louisiana law, which was enacted in 2014.[33]
On September 11, 2019, SCOTUS allowed a Trump administration rule to temporarily take effect while legal challenges to the rule were ongoing. The United States Court of Appeals for the 9th Circuit had previously blocked the rule from being implemented in Arizona and California. The Trump administration had asked SCOTUS to allow the government to implement the rule nationwide.[34]
The rule, issued on July 16, 2019, established limitations on migrants who had passed through another country that was not their country of citizenship, nationality, or lawful residence, prohibiting them from seeking asylum at the southern border of the United States.[35]
Justice Sonia Sotomayor, joined by Justice Ruth Bader Ginsburg, publicly dissented. In her dissent, Sotomayor wrote that the rule "topples decades of settled asylum practices."[36] According to SCOTUSblog, the justices did not "indicate whether all seven of the justices who did not publicly dissent had voted in favor of the stay; all we know is that there were at least five votes – the number required for a stay – for the government."[34]
The 2019-2020 term of the Supreme Court of the United States began on October 7, 2019. The following table provides data on the decisions the court delivered during the 2019-2020 term.
The following justice alignment table shows justice agreement rates for non-unanimous rulings during the 2019-2020 term. The data does not include agreements in part.
The Supreme Court of the United States (SCOTUS) issued opinions in 69 cases during its October 2019 term. It reversed 46 lower court decisions (66.7%) and affirmed 23. This term's reversal rate was 3.4 percentage points lower than the average rate of reversal since 2007 (70.1%). Ten of the cases originated in the 9th Circuit, the most from any circuit (excluding state courts). The 9th Circuit had nine cases reversed.[37]
SCOTUS decisions by circuit, 2019 | ||||
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Court | Decided | Affirmed | Reversed | Percent Reversed |
First Circuit | 1 | 0 | 1 | 100.0% |
Second Circuit | 8 | 2 | 6 | 75.0% |
Third Circuit | 4 | 2 | 2 | 50.0% |
Fourth Circuit | 4 | 3 | 1 | 25.0% |
Fifth Circuit | 7 | 1 | 6 | 85.7% |
Sixth Circuit | 3 | 3 | 0 | 0% |
Seventh Circuit | 1 | 0 | 1 | 100.0% |
Eighth Circuit | 1 | 1 | 0 | 0% |
Ninth Circuit | 10 | 1 | 9 | 90.0% |
Tenth Circuit | 4 | 2 | 2 | 58.3% |
Eleventh Circuit | 7 | 3 | 4 | 57.1% |
D.C. Circuit | 4 | 1 | 3 | 62.8% |
Federal Circuit | 4 | 1 | 3 | 75.0% |
Armed Forces | 0 | 0 | 0 | 0% |
State Court | 11 | 3 | 8 | 72.7% |
U.S. District Court | 0 | 0 | 0 | 0% |
Original Jurisdiction | 0 | N/A | N/A | N/A |
Total | 69 | 23 | 46 | 66.7% |
Note: This table is based on SCOTUSblog's Circuit Scorecard for the 2019 term. They note: "For the Circuit Scorecards only, we treat certain consolidated cases as separate decisions rather than as one. For consolidated cases that stemmed from different lower court decisions, we counted the cases separately on this table to most accurately reflect the Supreme Court’s treatment of the precedents below. For cases that were consolidated in the court below, we count the Supreme Court’s decision only once." |
Between the 2007 and 2019 terms, SCOTUS released opinions in 993 cases. Of those, it reversed a lower court decision 696 times (70.1%) while affirming a lower court decision 289 times (29%). In that time period, SCOTUS decided more cases originating from the 9th Circuit (191) than from any other circuit. The next-most was the 2nd Circuit, which had 73 decisions. During that span, SCOTUS overturned a greater number of cases originating from the 9th Circuit (149), but it overturned a higher percentage of cases originating in the 6th Circuit (79.7%, or 55 of 69 cases).
For more historical term data, see this article.
The chart below indicates the number and types of opinions written by each justice during the 2019 term. Justice Roberts and Gorsuch wrote the most opinions with seven each. Justices Thomas, Breyer, and Sotomayor wrote the least, with five opinions each.
In this term, the court issued 13 5-4 or 5-3 decisions, 21% of the total opinions released. Those decisions were made by four different configurations of justices. Across these decisions, 69% had a majority made up of all five conservative justices (Roberts, Thomas, Alito, Gorsuch, and Kavanaugh). The rest had a majority made up of the four liberal justices (Ginsburg, Breyer, Sotomayor, Kagan) and one conservative justice.[38]
5-4 opinions over time | |||
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Term | Number of 5-4 opinions | Percent of total opinions | Number of different alignments |
19 | 13 | 21% | 4 |
18 | 20 | 28% | 10 |
17 | 19 | 26% | 5 |
16 | 7 | 10% | 3 |
15 | 4 | 5% | 2 |
14 | 19 | 26% | 7 |
13 | 10 | 14% | 7 |
12 | 23 | 29% | 7 |
11 | 15 | 20% | 7 |
10 | 16 | 20% | 4 |
09 | 16 | 19% | 7 |
08 | 23 | 29% | 7 |
07 | 12 | 17% | 6 |
06 | 24 | 33% | 6 |
05 | 11 | 12% | 7 |
Average | 15 | 21% | 6 |
The Supreme Court consists of nine justices.
Judge | Born | Home | Appointed by | Active | Preceeded | Law school | |
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Associate justice Samuel Alito | April 1, 1950 | Trenton, N.J. | W. Bush | January 31, 2006 - Present | Sandra Day O'Connor | Yale Law School, 1975 | |
Chief justice John Roberts | January 27, 1955 | Buffalo, N.Y. | W. Bush | September 29, 2005 - Present | William Rehnquist | Harvard Law, 1979 | |
Associate justice Clarence Thomas | June 23, 1948 | Savannah, Ga. | H.W. Bush | July 1, 1991 - Present | Thurgood Marshall | Yale Law School, 1974 | |
Associate justice Stephen Breyer | August 15, 1938 | San Francisco, Calif. | Clinton | August 3, 1994 - Present | Harry Blackmun | Harvard Law School, 1964 | |
Associate justice Ruth Bader Ginsburg | March 15, 1933 | New York, N.Y. | Clinton | August 5, 1993 - Present | Byron White | Columbia Law School, 1959 | |
Associate justice Elena Kagan | April 28, 1960 | New York, N.Y. | Obama | August 7, 2010 - Present | John Paul Stevens | Harvard Law School, J.D., 1986 | |
Associate justice Sonia Sotomayor | June 25, 1954 | New York, N.Y. | Obama | August 6, 2009 - Present | David Souter | Yale Law School, 1979 | |
Associate justice Neil Gorsuch | August 29, 1967 | Denver, Colo. | Trump | April 10, 2017 - Present | Antonin Scalia | Harvard Law School, 1991 | |
Associate justice Brett Kavanaugh | February 12, 1965 | Washington, D.C. | Trump | October 6, 2018 - Present | Anthony Kennedy | Yale Law School, 1990 |
In the 2018-2019 term, SCOTUS agreed to consider 75 cases. The court heard oral argument in 72 cases and decided three cases without argument. Click here for more information.
In the 2017-2018 term, SCOTUS agreed to hear 71 cases. Ultimately, the justices heard argument in 69 of those cases. Click here for more information.
In the 2016-2017 term, SCOTUS agreed to hear 71 cases. Click here for more information.
The court delivered 61 opinions.
The court delivered eight per curiam opinions.