Supreme Court Facts: What Most People Get Wrong

Supreme Court Facts: What Most People Get Wrong

If you’ve ever seen a picture of the Supreme Court of the United States, you probably saw nine people in black robes looking very serious. It’s an image that feels like it’s been frozen in time since the dawn of the Republic. Honestly, it hasn't. The "highest court in the land" is actually a lot weirder, more flexible, and—frankly—more human than the civics textbooks let on.

People tend to think of the Supreme Court as this untouchable, unchanging monolith. But did you know there’s a basketball court right above the heads of the justices? Or that for the first year of its existence, the court basically had nothing to do? No cases. No rulings. Just some guys in fancy robes waiting for the mail to arrive.

The Nine-Justice Rule Isn't in the Constitution

You’ve probably heard people arguing about "packing the court." It’s a hot-button issue because the number of justices is actually just a number picked by Congress. It isn't written in the Constitution. Not at all.

When the court first met in 1790, there were only six justices.

Congress kept messing with that number for the next eighty years. At one point, we had five. Then we had seven. During the Civil War, we actually had ten justices because Congress wanted to ensure the court stayed pro-Union. It wasn't until 1869 that they settled on nine, mostly because it seemed like a good number to prevent tie votes and fit the number of judicial circuits at the time.

There is a Basketball Court Above the Courtroom

This is my favorite piece of trivia. If you go to the fifth floor of the Supreme Court Building, you won't find a library or a secret vault of laws. You'll find a gym. It’s nicknamed "The Highest Court in the Land" because it is literally a basketball court situated directly above the marble courtroom where the justices hear oral arguments.

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Wait, it gets better. There is a strict rule: No one is allowed to play basketball while the court is in session. Can you imagine? You're a lawyer arguing the case of a lifetime, and all you hear is thump-thump-thump and a whistle blowing from the ceiling.

They Still Use 19th-Century Quill Pens

Every morning the court is in session, the staff places two white, crossed goose-feather quill pens at the counsel tables. It’s a tradition that goes back to the very beginning. Lawyers don't actually use them to write—could you imagine the ink spills on those expensive suits?—but they are free to take them home as souvenirs. It’s basically the most elite "participation trophy" in the legal world.

You Don’t Have to Be a Lawyer to Be a Justice

Technically, there are zero requirements in the Constitution for who can be a Supreme Court Justice. You don't need to be a lawyer. You don't need to have gone to law school. You don't even need to be a certain age.

Historically, about 64 justices didn't have a law degree. Most of them "read the law" (which was like an apprenticeship) back in the 1800s. James F. Byrnes, who served in the 1940s, didn't even graduate from high school! He was the last justice who didn't attend law school. Today, the "requirement" is more about social and political norms; every current justice went to either Harvard or Yale. It’s a bit of an Ivy League club these days.

The Court Didn't Have Its Own Building Until 1935

For the first 145 years, the Supreme Court was basically a homeless branch of government. They moved around constantly. They met in the Merchants’ Exchange Building in New York, then Independence Hall in Philadelphia. When they finally moved to D.C., they were shoved into the basement of the Capitol Building.

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Chief Justice William Howard Taft (who was also the U.S. President—the only person to ever hold both jobs) finally convinced Congress that the court needed its own "Temple of Justice." They finished the current building in 1935. Taft didn't even live to see it finished.

Justice Elena Kagan and the Frozen Yogurt Machine

The court is steeped in "serious" tradition, but some traditions are just... normal. There’s a "Cafeteria Committee" that the newest justice is usually assigned to. When Justice Elena Kagan joined, she took the job seriously. She is the reason the Supreme Court cafeteria now has a frozen yogurt machine. She once joked that she’ll be remembered as the "frozen-yogurt justice."

The Handshake That Keeps the Peace

Before the justices go out to the bench to hear a case, and before they sit down for their private conferences, they all shake hands. Every single one of them shakes hands with the other eight. This is the "Conference Handshake."

It was started by Chief Justice Melville Fuller in the late 1800s. The idea was to remind everyone that even if they are about to scream at each other over constitutional interpretation, they are still colleagues working toward a common goal. It’s a small, human gesture in a place that can feel very cold and academic.

Not All Cases Are "Big" Cases

We usually only hear about the blockbusters—abortion, guns, free speech. But the court hears about 60 to 70 cases a year, and some of them are incredibly niche. They might spend hours arguing about the tax status of a specific type of vegetable or how a very technical patent for a widget should be interpreted.

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  • The Certiorari Process: They get about 7,000 to 8,000 petitions a year.
  • The Rule of Four: Only four justices need to agree to "grant cert" (take the case).
  • The Workload: Most of their time is spent reading thousands of pages of briefs, not actually sitting on the bench.

A Justice Once Disappeared to Avoid Debtor’s Prison

Early justices weren't exactly treated like royalty. Justice James Wilson, one of the original six and a literal signer of the Constitution, had some major money problems. He got into bad land speculation deals and actually had to skip a term of the court in 1798 because he was hiding from creditors in North Carolina. He was eventually caught and spent a short time in jail while still serving as a sitting Supreme Court Justice.

The Secret Conferences

When the justices meet to discuss cases and vote, they are alone. No law clerks. No secretaries. No stenographers. No cameras.

If there’s a knock at the door, the most junior justice (currently Justice Ketanji Brown Jackson) has to get up and answer it. They are the "doorkeeper." This total privacy is designed to allow them to speak their minds without worrying about how a draft opinion might look to the public or the press.


What This Means for You

The Supreme Court is a powerful institution, but it's also a product of weird history and very specific traditions. Understanding that the court is "human" helps demystify how laws are made.

If you want to stay informed on how the Court is shaping your world in 2026, you should:

  1. Follow the "Oral Argument" Transcripts: The Court now releases audio and transcripts of arguments almost immediately. It’s the best way to see the justices' personalities.
  2. Check the "Shadow Docket": Keep an eye on emergency applications that the court decides without full briefing. These often have a massive impact before a "real" case even reaches the bench.
  3. Read the Dissents: Sometimes the most important legal theories aren't in the majority opinion, but in the fiery dissents that lay the groundwork for future changes in the law.

The law isn't just words on a page; it's the result of nine people, a few quill pens, and occasionally, a frozen yogurt break.