1440 Explores Behind the Supreme Court's Curtains
Feb 19, 2026
Akhil Reed Amar, Yale Law professor and constitutional scholar, explains how the Supreme Court rose from a sketchy constitutional design to immense national influence. He breaks down private deliberations versus public arguments. He walks through key cases, clerks’ gatekeeping, how cases reach the Court, and the mechanics of opinion drafting and voting.
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How The Court Made Itself The Final Arbiter
- The Supreme Court claimed the power of judicial review in Marbury v. Madison, making itself the final interpreter of the Constitution.
- Chief Justice John Marshall declared that when a law conflicts with the Constitution, the Constitution wins, creating the Court's core authority.
The Pyramid Of Federal Courts
- The federal judiciary is structured as a pyramid with district courts at the bottom, circuit courts in the middle, and the Supreme Court at the top.
- Most cases start in district courts; only a tiny fraction ascend to the Supreme Court after appeals.
Why The Supreme Court Picks Certain Cases
- The Court typically takes cases for three reasons: huge national stakes, clashes over federal law, or circuit splits.
- Examples: Bush v. Gore (national stakes), challenges to congressional laws, and Obergefell resolving conflicting circuits on same-sex marriage.