<P> The United States Supreme Court is the highest federal court of the United States . Established pursuant to Article Three of the United States Constitution in 1789, it has ultimate (and largely discretionary) appellate jurisdiction over all federal courts and state court cases involving issues of federal law plus original jurisdiction over a small range of cases . In the legal system of the United States, the Supreme Court is generally the final interpreter of federal law including the United States Constitution, but it may act only within the context of a case in which it has jurisdiction . The Court may decide cases having political overtones but does not have power to decide nonjusticiable political questions, and its enforcement arm is in the executive rather than judicial branch of government . </P> <P> As established by the Judiciary Act of 1869, the Court normally consists of the Chief Justice of the United States and eight associate justices who are nominated by the president and confirmed by the Senate . The justices base their decisions on their interpretation of both legal doctrine and the precedential application of laws in the past . In most cases, interpreting the law is relatively clear - cut and the justices decide unanimously . However, in more complicated or controversial cases, the Court is often divided . </P> <P> In modern discourse, the justices of the Court are often categorized as having conservative, moderate, or liberal philosophies of law and of judicial interpretation . It has long been commonly assumed that a justice's votes reflect his or her judicial decision - making philosophy as well as their ideological leanings, personal attitudes, values, political philosophies, or policy preferences . A growing body of academic research has confirmed this understanding, as scholars have found that the justices largely vote in consonance with their perceived values . Analysts have used a variety of methods to deduce the specific perspective of each justice over time . </P> <P> Researchers have carefully analyzed the judicial rulings of the Supreme Court--the votes and written opinions of the justices--as well as their upbringing, their political party affiliation, their speeches, editorials written about them at the time of their Senate confirmation, and the political climate in which they are appointed, confirmed, and work . From this data, scholars have inferred the ideological leanings of each justice and how the justices are likely to vote on upcoming cases . </P>

Who is generally considered the swing voter on the united states supreme court