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You've probably heard the news that the U.S. Supreme Court overturned Roe v. Wade, the previous judicial decision that established abortion as a constitutional right.

Regardless of where you stand on the issue, this is a fairly polemical decision, with both immediate and long-term consequences, and with recent talks about Supreme Court reform, it segues into broader topics of the nature of the Court, the justice system, and even the nature of governance in the United States. My goal with this journal is to provide a summary of the structure in place to act as a civics primer on the Supreme Court, and to have a common language of understanding for the situation.

Full disclosure - I am not a lawyer, nor a jurist, nor a politician. I'm just a concerned American citizen. This is not legal advice.

What is the Supreme Court?

The Supreme Court of the United States (SCOTUS) is the highest court of the U.S., and the head of the federal judiciary. It was established by Article III of the Constitution:

Article III, Section 1 of the U.S. Constitution wrote:The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.

While the Constitution establishes that there is a Supreme Court and a judiciary, it does not regulate its structure: that is a task left for Congress to address. The present structure has been, for the most part, established by the Judiciary Act of 1789, with certain modifications over time.

What is the jurisdiction of SCOTUS? What cases can it hear?

The Supreme Court holds jurisdiction over several matters, as mandated by the Constitution and as mandated by law:

Article III, Section 2 of the U.S. Constitution wrote:The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;—between a State and Citizens of another State;—between Citizens of different States;—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make. [...]

Section 13 of the Judiciary Act of 1789 wrote:And be it further enacted, That the Supreme Court shall have exclusive jurisdiction of all controversies of a civil nature, where a state is a party, except between a state and its citizens; and except also between a state and citizens of other states, or aliens, in which latter case it shall have original but not exclusive jurisdiction. And shall have exclusively all such jurisdiction of suits or proceedings against ambassadors, or other public ministers, or their domestics, or domestic servants, as a court of law can have or exercise consistently with the law of nations; and original, but not exclusive jurisdiction of all suits brought by ambassadors, or other public ministers, or in which a consul, or vice consul, shall be a party. And the trial of issues in fact in the Supreme Court, in all actions at law against citizens of the United States, shall be by jury. Sup. Court appellate jurisdiction.The Supreme Court shall also have appellate jurisdiction from the circuit courts and courts of the several states, in the cases herein after specially provided for and shall have power to issue writs of prohibition to the district courts, when proceeding as courts of admiralty and maritime jurisdiction, and writ of mandamus, in cases warranted by the principles and usages of law, to any courts appointed, or persons holding office, under the authority of the United States.

In a nutshell, the Supreme Court has original jurisdiction (that is, the power to hear cases from the beginning) of certain matters: cases affecting ambassadors or public ministers, and in those cases where at least a State is a party (such as inter-state disputes). And it has appellate jurisdiction (that is, cases sent from lower courts for review) over most decisions of federal courts as well as the decisions of state courts in matters of constitutionality or statutory law.

The vast majority of cases in the Supreme Court are appellate cases, but not all appellate cases are eventually heard by SCOTUS. The Supreme Court can choose to hear a case or not, and only about one percent of all petitions sent are actually heard. Typically, cases of national significance or potential landmark cases are those selected to be heard.

What happens after SCOTUS decides to hear a case?

If four of the nine Justices decide to hear a case, then it is heard before the court. They hear arguments, review the evidence, vote in secret, and issue a decision on the case. For appellate cases, this is either affirming or reversing the decisions of the lower court and, if the latter, possibly remanding the case to the lower court so that they can issue a ruling given SCOTUS' opinion on the case. Although it's not set in stone, it is, for most intents and purposes, final.

Can the decision be altered?

Depending on the subject matter, there may be ways to alter the decision:

If the Court is addressing constitutional matters, then the only way to alter the ruling is through either a constitutional amendment or a new court ruling, in the future, by SCOTUS. Constitutional amendments are a long and challenging process that is a challenge to pass even at the best of times, and SCOTUS rarely overturns its own rulings (although doing so often results in landmark decisions), and typically only after several decades.

If the Court is exercising judicial review of a statute, then it can be addressed via a new court ruling, or by legislative action: the legislature can draft a new statute that (hopefully) addresses the issues pointed out by SCOTUS.

What if I, an average Joe, disagree with the decision?

Besides outright ignoring or defying Supreme Court rulings (which is typically more of a State thing than an individual thing, and has a really bad track record), there are a few things that you, an average Joe, can do.

Supreme Court Justices are nominally independent to exercise their judicial work, free from the demands of the general public, party politics, or even other branches of the Government (with a few caveats), but history has shown that they tend to follow public opinion and heed pressure from the other branches of government, particularly Congress. Therefore, shoring support for causes you'd like to see, at the grassroots level, at the ballot, and on your community can help sway SCOTUS from unpopular decisions.

Write or call to your local, state, or federal representatives letting them know of your views. Write to SCOTUS Justices. Join or help organizations that share your legislative values. Exercise your First Amendment rights, and let the government know your views!

Amendment I of the U.S. Constitution wrote:Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

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I think that about covers the nature of the Supreme Court and what can be done at a very, very cursory level. There is also an excellent CGPGrey video on partisan and governmental attempts to wrestle power from the Supreme Court, which goes more in-depth into topics such as court packing and term limits than this journal, and I'd recommend to give it a watch.