B.5. The Supreme Court

The Supreme Court is the highest Court in the United States. It has final authority over all constitutional matters and serves as the ultimate appellate forum for decisions made by lower courts. It also holds original and exclusive jurisdiction over cases between two or more States, or between a State and the Federal Government.

In such original jurisdiction cases, a group of Circuit Court judges shall be randomly selected to join the hearing. The number of these judges must be one fewer than the number of Supreme Court Justices participating. All judges—Supreme and Circuit—shall hear the case, review the facts, and vote. The votes of the Circuit judges shall be recorded and shared with the Supreme Court Justices, but shall remain confidential unless an appeal is filed.

The final ruling shall be determined solely by the votes of the Supreme Court Justices—unless the losing party files an appeal within ninety-six (96) hours. If such an appeal is filed, the votes of all participating judges, including Circuit judges, shall be unsealed and counted together. That outcome is final and shall be treated as the decision of the Supreme Court.

This special procedure applies only to cases where the Supreme Court exercises original jurisdiction. It does not apply to appeals from lower courts, which follow the standard procedures set forth by this Charter and by law.