Supreme Court History and Traditions

"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." ~ Article III, §1, of the Constitution

The United States Supreme Court was created by the Judiciary Act of September 24, 1789. Since it first convened at the Merchants Exchange Building in New York City on February 1, 1790, 108 Justices have served this country's highest court. With the recent unexpected retirement of the Court's first female Justice, Sandra Day O'Connor, on July 1, 2005, the Court is left with its first vacancy in 11 years. President George W. Bush has the responsibility of appointing the next Justice to sit on the only court established by the United States Constitution. Once appointed, the Senate will conduct hearings on the Supreme Court candidate before deciding whether to confirm the President's selection by a majority vote.

In its beginning, the Supreme Court had only six Justices. That changed in 1807 with the addition of a seventh Justice, again in 1837 when the eighth and ninth Justices were added, and again in 1863, when the tenth Justice was added to the bench. The Circuit Judges Act of 1869 established the final number of Justices at 9, which remains the number today despite several efforts to raise or lower the number of Justices.

The United States Supreme Court is an institution with many traditions and there are some aspects of the selection process and the operation of the Court that will likely hold true this go-round, and for years to come.
• In the past, the presidents who have been given the duty of appointing a Justice to the Supreme Court have all chosen lawyers although it is not a constitutional or legal requirement that the Justices be lawyers.

• Although all Justices are appointed for life, and can only be removed from the court by "Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors" (Article II), it is only recently that Justices have really established the tradition of long tenures. Justice William O. Douglas holds the record for the longest term, having served for 36 ½ years when he retired in 1975. O'Connor served for 24 years.

• Presidents historically choose Justices from their own political party.

• Although the first Chief Justice of the Supreme Court, Joseph Jay, wore a robe of black and red, since 1880 the Justices have donned black robes.

• In the late 19th century, Chief Justice Melville W. Fuller began the hand-shaking tradition. As the Justices assemble each day, and at private conferences, it is customary for each Justice to shake hands with each of the other Justices. Fuller began the "conference handshake" to promote harmony among the Justices, despite disagreements on cases.

Of course, some traditions are meant to be broken, the nomination of Sandra Day O'Connor sparked the deterioration of two 200-year-old Supreme Court traditions. Her nomination in itself was a break in the tradition of appointing only men to the Court and leading the way for Ruth Bader Ginsburg's appointment in 1993 by President Bill Clinton. When O'Connor was nominated in 1981 by President Ronald Reagan as the first female Justice, the Supreme Court consciously decided to do away with one of their oldest traditions. Historically, the Justices were called "Mr. Justice," by those addressing the court. When it became apparent the Court would have its first female appointee, the Justices decided to drop the "Mr." and be referred to simply as "Justice."

Despite the many necessary changes in the Supreme Court over the years, many traditions of the Court have held steady, and will continue on long after O'Connor's successor takes his or her seat on the bench of this nation's highest court. The Court's traditions, although not necessarily imperative to the Court's function, enhance its grandeur and ensure the continuation of the customs of the Court's original Justices.

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