The Judicial Branch
The Basics
The federal court system has several parts, with the Supreme Court at the top. Federal courts have enormous power to make decisions about all the country’s laws at any level of government, disputes between various levels of government, and conflicts between people and governments or businesses.
In federal court, there are two types of legal cases: civil and criminal.
- Federal civil cases are about disputes over the U.S. Constitution or federal laws (including disputes over whether a state law violates the U.S. Constitution or federal law), treaties, conflicts between people who live in different states or countries, and conflicts where a large amount of money is involved.
- Federal criminal cases are about allegations that a person or other entity (like a business) committed federal crimes.
Despite the name, immigration courts are actually not part of the federal court system – they’re part of the U.S. Department of Justice, which is part of the executive branch, and immigration judges are employees of the Department of Justice.
Sources: the U.S. Constitution; the U.S. Department of Justice on the the federal court system and the Executive Office of Immigration Review; U.S. Courts
How are federal judges chosen?
All federal judges, including Supreme Court justices, are nominated by the president, and confirmed by the U.S. Senate with a majority vote. Federal judges serve lifetime terms, meaning once they’re confirmed, they serve until death, resignation, retirement, or impeachment. Because of the lifetime terms, nominating judges is one of the most powerful ways the president can influence the country and your everyday life, sometimes for decades to come.
There is one exception to lifetime terms: in the U.S. Virgin Islands, Guam, and the Northern Mariana Islands, district court judges serve 10–year terms.
Eligibility
The U.S. Constitution doesn’t lay out any specific requirements for being a federal judge, so ultimately it’s up to the president, who nominates all potential judges, and U.S. Senators, who vote on whether to confirm them. The Department of Justice looks into every nominee’s qualifications and background.
Sources: the U.S. Constitution; U.S. Courts
Shaping law, changing policy: how court decisions affect you and your community
Some court decisions, especially those made by the Supreme Court, can make just as much of an impact as laws do. For example, for almost 50 years abortion was legal throughout the country because of the Roe v. Wade decision, which concluded that abortion bans before 24 weeks of gestation were unconstitutional – once this decision was made, all the states had to immediately stop enforcing any abortion laws that didn’t meet the requirements laid out in the decision. Court decisions have the force of law and have to be followed, but they’re not the same as laws. That’s why, when Roe v. Wade was overturned in 2022, several states who hadn’t changed their abortion laws in the meantime immediately started to ban or restrict abortion – once the decision was lifted, those laws that were still on the books could be enforced again. Marriage equality is also currently legal throughout the country because of a 2015 Supreme Court decision.
Sources: the National Constitution Center on Roe v. Wade, Dobbs v. Jackson Women’s Health Organization, and Obergefell v. Hodges
Supreme Court decisions you should know about
From health care to voting and beyond, the decisions made by federal judges affect all of us.
- District of Columbia v. Heller
Washington, DC had one of the strictest gun laws in the nation, and a man named Richard Heller argued that the law prevented him from defending himself in his own home. The Supreme Court agreed, saying for the first time that the 2nd Amendment of the U.S. Constitution protects an individual’s right to bear arms. - Shelby County v. Holder
Under the Voting Rights Act of 1965, certain states and localities with a history of discrimination against minority voters had to get permission from the Department of Justice before changing their voting rules, so the federal government could make sure the new rules wouldn’t lead to discrimination. In 2013, the Supreme Court found that section of the law unconstitutional, and in the 10 years that followed, states put nearly 100 restrictive new laws in place. - Burwell v. Hobby Lobby
Regulations under the Affordable Care Act require employer-provided health insurance plans to cover birth control, but Hobby Lobby, a national chain of craft stores owned by a Christian family, objected to that requirement on religious grounds. The Supreme Court sided with Hobby Lobby, allowing privately-owned companies to be exempt from the regulation if their owners have a religious objection.
How can I make my voice heard?
If ever there were a branch of government protected from public influence, it’s the federal court system – especially the Supreme Court. In fact, it was designed to be as independent as possible. But that doesn’t stop people with opinions about a case from holding competing demonstrations outside the Supreme Court building and voicing their opinions to journalists and on social media. Does public opinion really influence what the courts do? It’s hard to say. But that doesn’t mean there’s nothing you can do:
Corner office
Before any judge gets appointed to a federal court, the president has to nominate them. During a presidential campaign, you’ll want to find out what kind of judges each candidate wants to appoint. Are they pledging to appoint people who oppose or support abortion access? Support or kill the Affordable Care Act (also known as Obamacare)? Factor in the answer when you cast your ballot.
Halls of Congress
Next, the Senate has to confirm the nominee. If you think a Senator should reject or approve a judicial nominee, let them know. The Senate also holds hearings where they ask all kinds of questions about a nominee’s philosophy when it comes to various issues. Want your senator to ask about something specific? Did you watch the hearing and think they only asked lame softball questions? Hit them up and have your say. Congress also has the power to pass laws that would reform the Supreme Court. Do you support or oppose term limits and an enforceable code of conduct for justices? Another thing to tell your reps about!
Eyes on the street
When the Supreme Court is considering a case, experts, advocates, and organizations routinely write in with their perspectives. They submit what are known as amicus briefs, which can provide expertise and urge the Court to think about the case in a particular way. Supporting groups that submit amicus briefs as part of their work can make a real impact.
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District courts are the trial-level courts in the federal system – most federal cases begin here. There are 94 district courts total, and every state has between one and four depending on population. In states that have more than one, the districts are divided up by region, such as in New York which has Eastern, Western, Northern, and Southern district courts. Cases heard in district courts are presided over by one judge. Most criminal trials in federal district courts have juries, and some civil cases do too – whether a trial gets a jury can be complicated and depends on specific legal issues, how complex and technical the evidence might be, and a lot of other factors.
Most districts also have a separate bankruptcy court, but some of the U.S. territories (Puerto Rico, the Virgin Islands, Guam, and the Northern Mariana islands) have just one district court that hears bankruptcy cases as well as other civil and criminal matters.
Sources: the U.S. Constitution; the U.S. Department of Justice; U.S. Courts
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Most federal cases begin in a district court, but certain types of cases go directly to a specialized court that only handles a particular jurisdiction or area of law. These courts focus on especially complicated topics like international trade and customs, cases where people are suing the federal government for damages, and sensitive national security issues like intelligence-gathering, surveillance, and alleged acts of terrorism.
Sources: the U.S. Constitution; the U.S. Department of Justice; U.S. Courts
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Appeals courts hear appeals to cases that have been decided in district courts, and sometimes appeals to cases that started in specialized courts as well. Appeals courts review everything that happened in the district court, to make sure the case was conducted fairly and the laws were applied correctly – so unlike in district courts, appeals cases don’t have a jury or witnesses or hear any new evidence.
- The 94 district courts are grouped into 12 ‘circuits,’ and each circuit has a court of appeals that hears appeals from the district courts within that circuit. Cases are heard by a panel of three judges.
- Just like in the district courts, there are some specialized appeals courts focused on specific issues, like veterans, military cases, tax issues, and others.
- The federal appeals system hears over 50,000 cases every year. Only a tiny fraction of those cases are appealed to and heard by the Supreme Court, so most of the time a decision from a U.S. Court of Appeal is final.
Sources: the U.S. Constitution; the U.S. Department of Justice; U.S. Courts
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The Supreme Court is the country’s highest court. The Supreme Court hears appeals from the U.S. Court of Appeals system, and of certain state cases – most commonly, death penalty appeals and cases where there’s a question of whether a federal law or the U.S. Constitution was violated. They can also hear challenges to presidential actions like executive orders.
The Supreme Court has nine justices. Like all other federal judges, they are nominated by the president and confirmed by the U.S. Senate, and serve lifetime terms. This means a president can only appoint a Supreme Court justice if a current justice dies or retires (justices can also be removed through impeachment, but that’s a difficult process so it’s been very rare so far – it’s only happened once in U.S. history).
The Supreme Court has discretionary jurisdiction, which means they don’t have to take every case that’s appealed to them – each year, thousands of cases are appealed to the Supreme Court, and it hears less than 100. When the Supreme Court decides not to hear a case, the previous decision is final. Because the court hears relatively few cases, all the Justices hear every case, unless a justice has to recuse themselves because of a medical issue or conflict of interest.
For more on the uniquely powerful place of the Supreme Court in our legal system, check out the Genius Guide to the Supreme Court.
Sources: the U.S. Constitution; the U.S. Department of Justice; U.S. Courts