One of our participants recently asked me a question regarding checks and balances that had me thinking for the past 24 hours. The reader is wondering what clear checks and balances exist for the Supreme Court, “since its rulings are truly far-reaching and highly impactful.”
Presidential Check on SCOTUS
When we think of checks and balances on the Judicial Branch, we generally think of the fact that the President can appoint justices. All Presidents have the opportunity to nominate federal judges, but not all Presidents have the same chance to nominate a Supreme Court justice unless there is a vacancy on the court. (see Article III). Our reader points out that impeachment or censure aren’t true checks on SCOTUS (Supreme Court of the United States) because they apply to all branches.
So, here are some additional checks and balances for the Supreme Court that I found:
The President checks SCOTUS by nominating judges. The President of the United States (POTUS) can also grant pardons and commute sentences for federal offenses.
Congressional Checks on SCOTUS
Congress can check and balance SCOTUS by passing a slightly different version of a law that has been declared unconstitutional. Additionally, the Constitution empowers Congress to amend itself by a two-thirds vote of both Houses and a three-fourths vote of all states. Congress can impeach and convict judges or even vote to increase or decrease the number of justices that serve on the Supreme Court. It doesn’t seem to matter that impeachment or censure can apply to all branches. The fact is, these are methods that can check and balance SCOTUS.
Limits on the Supreme Court’s Power
Other checks and balances that limit the Supreme Court’s power include its ability to hear only a certain number of cases each year. The Supreme Court can only hear cases that are brought to it by a party that is affected by the case, and the Supreme Court can only hear cases that merit the attention of the justices.
Recently the U.S. Solicitor General (part of the U.S. Department of Justice, within the Executive Branch) conducted a check and balance of the Judicial Branch on May 15, 2025, arguing before the Supreme Court (SCOTUS) that federal judges (part of the Judicial Branch) were exceeding their authority by issuing nationwide relief in a case.
As you can see, the various checks and balances on the Supreme Court are essential for maintaining judicial integrity and accountability.
This is Common Sense Civics and Citizenship. 🇺🇸
