Q: Is the Supreme Court limited to nine justices under the U.S. Constitution?

— J.R., Palos Verdes

A: The United States Supreme Court was established in 1789 under Article III of the U.S. Constitution. It has final appellate jurisdiction over our federal courts, as well as over state court cases that involve issues of federal law, and what is called “original jurisdiction” over a modest variety of cases (e.g., cases between the United States and a state, and cases involving ambassadors).

Today the court consists of a chief justice and eight associate justices. Each proposed justice is nominated by the president when a vacancy arises, and has to be confirmed by the U.S. Senate. Initially, there were six justices per the Judiciary Act of 1789. Congress is to set the number of justices. As more judicial circuits came into existence, the number of justices grew.  It has been at nine since 1869.

Q: A Supreme Court justice is there for life?

— R.M., Wilmington

A: The justices may serve for the remainder of their lives unless impeached and convicted by Congress, or unless he or she resigns or retires. Only one justice has ever been impeached (and that goes back to 1804).  There continues to be real controversy about the justices being appointed for what amounts to life terms. The rationale is that it assists each justice in making objective decisions, not influenced by having to run for election or re-election, and shielded from a concern of losing the job if he or she has an opinion that may not be well liked.

Q: Judicial activism is a criticism sometimes leveled at the Supreme Court. Just what is judicial activism?

— K.L., Redondo Beach

A: The phrase connotes a judicial ruling that at least some believe is based on political or personal factors rather than on existing law, or a strict interpretation of the Constitution. One example is Roe v. Wade concerning abortions and a finding of “the right of privacy.” Another is the case of Bush v. Gore, where critics argue that the court waded into the political arena and chose the president (who like the majority of justices at that time was a Republican).

Ron Sokol is a Manhattan Beach attorney with more than 30 years of experience. His column appears on Wednesdays. Email questions and comments to him at RonSEsq@aol.com or write to him at Ask The Lawyer, Daily Breeze, 21250 Hawthorne Blvd., Suite 170, Torrance, CA 90503. This column is a summary of the law and not a substitute for legal consultation on any particular case.