Politics USA
The US Supreme Court and questions of justice
Tony Bennett
Date posted: 26 Jul 2025
In the UK we are used to Parliament being the law-making body for the nation. But a recent ruling by the UK Supreme Court on the meaning of “sex” for the purposes of gender discrimination showed that sometimes it’s the Supreme Court that has the final word.
How the US Supreme Court works
Our Supreme Court is not yet 20 years old and is only just beginning to make its mark. The United States Supreme Court, on the other hand, was created back in 1789 as a coequal branch of the federal government, alongside Congress and the Presidency. It even has the power to declare Acts of Congress unconstitutional, and thereby null and void. (The UK Supreme Court has no comparable power.) Through this power, the US Supreme Court has become the final arbiter of what the laws mean and, most importantly, what the Constitution means. That’s why most important cases of legal and constitutional importance end up there.