The Handy Supreme Court Answer Book. David L Hudson

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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 docket exploded in growth, as it was hearing many more cases. To accommodate the expanding docket, Congress allowed the Court in 1866 to set its own starting point for its terms. The Court moved its starting time until October. In 1873, Congress formalized this development by passing a law that moved the Court’s term from the first Monday of December to the second Monday in October. It remained there until 1917.

      When did the Court originally begin its new terms?

      The Judiciary Act of 1789 provided that the Court’s terms shall begin “the first Monday of February” and “the first Monday of August.” The first meeting of the Court occurred on February 2, 1790.

      Does the Court ever meet outside of its traditional term time?

      Yes, the Court sometimes holds special sessions in important cases. For example, the Court held a special session on July 19, 1942, to hear the case of Ex Parte Quirin to determine whether alleged German saboteurs were entitled to a federal habeas corpus review of their military commission convictions. More recently, the Court called a special session to hear the case of McConnell v. Federal Election Commission in September 2003. The case involved a major First Amendment challenge to the Bipartisan Campaign Reform Act, a federal law restricting “soft money” spending and other funding restrictions in political elections.

      PROCESSES

      How is a case brought to the U.S. Supreme Court?

      The U.S. Supreme Court has discretionary jurisdiction over the vast majority of cases, at least since 1925 when Congress passed the Judiciary Act of 1925. This means that most cases originate in the lower courts and the U.S. Supreme Court does not have to review the lower court’s decision unless it decides to grant certiorari, or review.

      In more than 90 percent of the Court’s cases, the party asking the Court to hear the case—the petitioner—petitions the court for review in a document called a petition for writ of certiorari. The opposing party—the respondent—then responds in a document asking the court not to accept the case for review. The Court then decides whether the case is “certworthy,” or acceptable for review.

      What determines if the U.S. Supreme Court will hear a case?

      The Supreme Court has discretionary jurisdiction, which means that in the vast majority

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