This Day in the Law
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February 2

U.S. Supreme Court Holds First Session (1790)


On February 2, 1790, the United States Supreme Court held its very first session. In particular, three of the six newly appointed U.S. Supreme Court justices met in New York City, the nation’s temporary capital, to discuss their powers and duties under the new U.S. Constitution.

The new U.S. Supreme Court did not actually hear a case on February 2, 1790. In fact, the Court would not hear any cases for nearly another two years! That’s because it took that long for any cases to make it to the U.S. Supreme Court. So, the Court attempted to determine some of its functions and duties. President George Washington appointed the first six justices on the U.S. Supreme Court, which included:
Chief Justice:
John Jay, from New York

Associate Justices:
John Rutledge, from South Carolina
William Cushing, from Massachusetts
John Blair, from Virginia
James Iredell, from North Carolina
James Wilson, from Pennsylvania
Article III of the U.S. Constitution established the U.S. Supreme Court, which went into effect in March 1789. Article III of the U.S. Constitution fails to state the duties, powers, organization, or many other aspects of the U.S. Supreme Court. Article III simply established the Supreme Court and states:
[t]he judicial Power of the United States, shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.
As you can see, the U.S. Constitution merely created "one Supreme Court" and other such "inferior Courts as the Congress" may establish. In other words, the only Court actually created by the Constitution is the U.S. Supreme Court.

Because the Constitution failed to establish any other courts, the very first bill introduced to the U.S. Senate was the Judiciary Act of 1789 which established the "inferior" court systems that we use today, i.e. the appellate courts. In particular, the Judiciary Act of 1789 created 13 judicial districts, which were then divided into Eastern, Middle, and Southern "circuits." The 1789 Act said the U.S. Supreme Court shall consist of one Chief Justice and five Associate Justices. The 1789 Act required the U.S. Supreme Court to hold session at the nation’s capital – which is why the Court met on this day February 2, 1790. Additionally, for over 100 years, the justices had to travel to each of the 13 districts twice per year. In other words, the justices "rode circuit," usually by stagecoach to conduct sessions all across the country.

Today, the U.S. Supreme Court justices do not travel to hear cases. Rather, the U.S. Supreme Court hears cases in the U.S. capital of Washington D.C.