Q&A: US Supreme Court

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Now that US Supreme Court Justice David Souter has announced that he is retiring, the search is on for a replacement.

Whomever President Obama picks could serve on the court for decades and leave a lasting imprint on American life.

How will the new Supreme Court Justice be appointed?

The constitution gives the president sole authority to appoint Supreme Court justices.

However, any appointment he makes must be approved by a majority vote in the Senate.

President Obama will nominate someone to fill Justice Souter's seat, and the nomination will then go before the Senate for approval.

Before facing a vote, President Obama's nominee will be called before the Senate Judiciary Committee where he or she will be asked to testify about his or her judicial philosophy.

Has the Senate ever blocked a president's appointment?

Yes. In 1987, the Democrats (who held a majority in the Senate) voted down President Ronald Reagan's nominee for the Supreme Court, Robert Bork.

The Democratic Senators objected to Mr Bork's views on abortion and executive power.

The Senate has rarely used its power to block nominees, however.

What is so important about the Supreme Court?

The Supreme Court is the highest court in the US and has the authority to strike down any state or federal law it deems unconstitutional.

It is regularly called upon to rule on issues of individual freedom - such as civil rights and free speech - or life-and-death matters like abortion.

These involve basic constitutional principles that fall under the court's purview.

Its landmark cases have shaped modern America, such as Brown v Board of Education in 1954, which signalled the end of legal segregation, Roe v Wade in 1973, which secured the right to abortion, or the 1976 decision allowing states and federal legislators to impose the death penalty.

So the decisions made by the nine justices on the Supreme Court can have a huge impact on American life.

Cases are decided by majority vote of the justices.

How long do justices serve on the Supreme Court?

Once appointed, justices can - if they want to - serve on the court for the rest of their lives.

They are allowed to retire or resign, and can be forced out of office by congressional impeachment.

Potentially, however, and in practice, Supreme Court justices serve on the court for decades.

What is the political make-up of the Supreme Court?

Although their life-tenure gives Supreme Court justices independence from partisan politics, they are appointed (and approved) by politicians, so the Supreme Court is far from being a politics-free zone.

And because their decisions carry so much weight, the political views of the Supreme Court are a subject of much interest and debate.

At present, four of the nine justices can broadly be described as liberal (Stephen Breyer, Ruth Bader Ginsburg, David Souter and John Paul Stevens) and four can be described as conservative (John Roberts, Antonin Scalia, Clarence Thomas and Samuel Alito).

The ninth justice - Anthony Kennedy - is a swing voter, sometimes siding with liberals, sometimes with the conservatives.

Will Justice Souter's retirement change the political balance of the court?

Unlikely. The replacement for Justice Souter - a liberal - will be chosen by President Obama, also a liberal.

Having said that, past justices have turned out to hold very different views from the presidents who appointed them. Indeed, Justice Souter himself was appointed by a Republican president (George H W Bush).

But unless one of the conservative justices dies or retires, Mr Obama is unlikely to be able to alter the political make-up of the court.

Who is President Obama likely to pick?

Early speculation indicates that President Obama intends to pick a female justice.

Since Sandra Day O'Connor retired in 2006 and was replaced by a man, there has been only one woman on the court - Ruth Bader Ginsburg - and commentators are suggesting that Mr Obama is keen to redress the balance.

Possible nominees include:

<ul class="bulletList" ><li>Elena Kagan, 49, currently Solicitor General and the former dean of Harvard Law School</li><li>Sonia Sotomayor, 55, of the Second Circuit court of appeals</li><li>Diane Wood, 59, of the Seventh Circuit court of appeals in Chicago</li><li>Jennifer Granholm, 50, the governor of Michigan </li></ul>