U.S. Judicial Branch

The Modern U.S. Judiciary Branch

The United States Judiciary serves as the most insulated branch of the United States Federal Government. This branch consists of the United States Supreme Court at the head, with other federal courts such as U.S. District Courts and Courts of Appeals underneath. While members of the Executive and Legislative branches are elected, those who serve on the Supreme Court are appointed by the President and then confirmed by the Senate. This very nature allows Justices true independence from direct electoral pressures; however, it is still constrained by the Executive branch’s ability to enforce decisions and the Legislative branch’s ability to structure its jurisdiction.

Constitutional Foundations

Under Article III of the U.S. Constitution, the Judicial Branch is granted its primary roles

Section 1: Judicial power is vested in the Supreme Court, Congress may establish inferior courts, and Judges serve for life, so they are devoid of political influence.

Section 2: Stipulates the jurisdiction of federal courts to specific cases and controversies. This section sets up the Supreme Court’s original jurisdiction in cases involving ambassadors, other public ministers, consuls, and cases where a state is an involved party. Lastly, the Supreme Court shall have appellate jurisdiction for others.

Section 3: Defines treason as those levying war against the United States or aiding enemies. Conviction of treason requires two witnesses or a confession in open court.

Early Foundations and Evolution

The Judicial Branch began to take shape with the Judiciary Act of 1789, which set guidelines for the United States Supreme Court. Additionally, this act set up a federal district court in each state. At the time of its inception, the United States Supreme Court had one chief justice and five associate justices. Over the years, the Supreme Court has grown not only in size but in presence as well.

Years later, Chief Justice John Marshall helped establish what is known as judicial review. Judicial review, while not mentioned in the Constitution, is the act by which the U.S. Supreme Court decides whether a law is constitutional or not. Court cases such as Marbury v. Madison and Fletcher v. Peck both established and expanded judicial review to what we know it as today.

Since 1869, the U.S. Supreme Court has consisted of nine justices. Below the U.S. Supreme Court, there are thirteen appellate courts, and under that, there are 94 federal judicial districts organized into the regional circuits. The 13th court is located in Washington, D.C. and is known as the Court of Appeals for the Federal Circuit.

Key Actors of the Judiciary Branch (2026 snapshot)

The U.S. Supreme Court

Chief Justice: John G. Roberts Jr. (Appointed by President George W. Bush in 2005)

Associate Justice: Clarence Thomas (Appointed by President George H. W. Bush in 1991)

Associate Justice: Samuel A. Alito Jr. (Appointed by President George W. Bush in 2006)

Associate Justice: Sonia Sotomayor (Appointed by President Barack Obama in 2009)

Associate Justice: Elena Kagan (Appointed by President Barack Obama in 2010)

Associate Justice: Neil M. Gorsuch (Appointed by President Donald Trump in 2017)

Associate Justice: Brett M. Kavanaugh (Appointed by President Donald Trump in 2018)

Associate Justice: Amy Coney Barrett (Appointed by President Donald Trump in 2020)

Associate Justice: Ketanji Brown Jackson (Appointed by President Joe Biden in 2022)

The 13 Appellate Courts

First Circuit: Located in Boston, MA. Serves ME, MA, NH, Puerto Rico, and RI.

Second Circuit: Located in New York City, NY. Serves CT, NY, and VT.

Third Circuit: Located in Philadelphia, PA. Serves DE, NJ, PA, and the Virgin Islands.

Fourth Circuit: Located in Richmond, VA. Serves MD, NC, SC, VA, and WV.

Fifth Circuit: Located in New Orleans, LA. Serves LA, MS, and TX.

Sixth Circuit: Located in Cincinnati, OH. Serves KY, MI, OH, and TN.

Seventh Circuit: Located in Chicago, IL. Serves IL, IN, and WI.

Eighth Circuit: Located in St. Louis, MO. Serves AR, IA, MN, MO, NE, ND, and SD.

Ninth Circuit: Located in San Francisco, CA. Serves AK, AZ, CA, HI, ID, MT. NV, OR, WA, Guam, and the N. Mariana Islands.

Tenth Circuit: Located in Denver, CO. Serves CO, KS, NM, OK, UT, and WY.

Eleventh Circuit: Located in Atlanta, GA. Serves AL, FL, and GA.

District of Columbia (D.C.) District: Located in Washington, D.C.

Federal Circuit: Located in Washington, D.C., jurisdiction over specialized cases.

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