The Massachusetts Supreme Judicial Court (SJC) is the

highest court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

in the

Commonwealth A commonwealth is a traditional English term for a political community founded for the common good. Historically, it has been synonymous with "republic". The noun "commonwealth", meaning "public welfare, general good or advantage", dates from the ...

Massachusetts Massachusetts (Massachusett language, Massachusett: ''Muhsachuweesut assachusett writing systems, məhswatʃəwiːsət'' English: , ), officially the Commonwealth of Massachusetts, is the most populous U.S. state, state in the New England ...

. Although the claim is disputed by the

Supreme Court of Pennsylvania The Supreme Court of Pennsylvania is the highest court in the Commonwealth of Pennsylvania's Unified Judicial System. It also claims to be the oldest appellate court in the United States, a claim that is disputed by the Massachusetts Supreme ...

, the SJC claims the distinction of being the oldest continuously functioning appellate court in the

Americas The Americas, which are sometimes collectively called America, are a landmass comprising the totality of North and South America. The Americas make up most of the land in Earth's Western Hemisphere and comprise the New World. Along with th ...

, with a recognized history dating to the establishment of the Massachusetts Superior Court of Judicature in 1692 under the charter of the

Province of Massachusetts Bay The Province of Massachusetts Bay was a colony in British America which became one of the Thirteen Colonies, thirteen original states of the United States. It was chartered on October 7, 1691, by William III of England, William III and Mary II ...

. Although it was historically composed of four associate justices and one chief justice, the court is currently composed of six associate justices and one chief justice.

History

The Massachusetts Supreme Judicial Court traces its history back to the high court of the British

, which was chartered in 1692. Under the terms of that charter, Governor Sir

William Phips Sir William Phips (or Phipps; February 2, 1651 – February 18, 1695) was born in Maine in the Massachusetts Bay Colony and was of humble origin, uneducated, and fatherless from a young age but rapidly advanced from shepherd boy, to shipwright, s ...

established the Superior Court of Judicature as the province's local

court of last resort A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

(some of the court's decisions could be appealed to courts in England). When the

Massachusetts State Constitution The Constitution of the Commonwealth of Massachusetts is the fundamental governing document of the Commonwealth of Massachusetts, one of the 50 individual state governments that make up the United States of America. As a member of the Massachuset ...

was established in 1780, legislative and judicial records show that the state's high court, although renamed, was a continuation of provincial high court. During and after the period of the

American Revolution The American Revolution was an ideological and political revolution that occurred in British America between 1765 and 1791. The Americans in the Thirteen Colonies formed independent states that defeated the British in the American Revolut ...

the court had members who were appointed by royal governors, the executive council of the

Massachusetts Provincial Congress The Massachusetts Provincial Congress (1774–1780) was a provisional government created in the Province of Massachusetts Bay early in the American Revolution. Based on the terms of the colonial charter, it exercised ''de facto'' control over the ...

(which acted as the state's executive from 1775 to 1780), and governors elected under the state constitution.

Location and citation

The SJC sits at the

John Adams Courthouse The Suffolk County Courthouse, now formally the John Adams Courthouse, is a historic courthouse building in Pemberton Square in Boston, Massachusetts. It is home to the Massachusetts Supreme Judicial Court (the state's highest court) and the M ...

, One

Pemberton Square Pemberton Square (est. 1835) in the Government Center area of Boston, Massachusetts, was developed by P.T. Jackson in the 1830s as an architecturally uniform mixed-use enclave surrounding a small park. In the mid-19th century both private residen ...

, Boston, Massachusetts 02108, which also houses the

Massachusetts Appeals Court The Massachusetts Appeals Court is the intermediate appellate court of Massachusetts. It was created in 1972 as a court of general appellate jurisdiction. The court is located at the John Adams Courthouse at Pemberton Square in Boston, the same ...

and the

Social Law Library The Social Law Library, founded in 1803, is the second oldest law library in the United States. It is located in the John Adams Courthouse at Pemberton Square in Boston, Massachusetts, the same building which houses the Massachusetts Supreme Ju ...

. The legal citation for the Massachusetts Supreme Judicial Court is "Mass."

Landmark cases

* '' Rex v. Preston'' (1770) – Captain Thomas Preston, the Officer of the Day during the

Boston Massacre The Boston Massacre (known in Kingdom of Great Britain, Great Britain as the Incident on King Street) was a confrontation in Boston on March 5, 1770, in which a group of nine British soldiers shot five people out of a crowd of three or four hu ...

, was acquitted when the jury was unable to determine whether he had ordered the troops to fire. The defense counsel in the case was a young attorney named

John Adams John Adams (October 30, 1735 – July 4, 1826) was an American statesman, attorney, diplomat, writer, and Founding Fathers of the United States, Founding Father who served as the second president of the United States from 1797 to 1801. Befor ...

, later the second

President of the United States The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United Stat ...

. * '' Rex v. Wemms, et al.'' (1770) – Six soldiers involved in the

were found not guilty, and two morethe only two proven to have firedwere found guilty of manslaughter. * '' Commonwealth v. Nathaniel Jennison'' (1783) – The Court declared

slavery Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...

unconstitutional Constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When l ...

in the state of Massachusetts by allowing slaves to sue their masters for freedom. Boston lawyer, and member of the Massachusetts Constitutional Convention of 1779,

John Lowell John Lowell (June 17, 1743 – May 6, 1802) was a delegate to the Congress of the Confederation, a Judge of the Court of Appeals in Cases of Capture under the Articles of Confederation, a United States district judge of the United States Distri ...

, upon the adoption of Article I for inclusion in the

Massachusetts Constitution The Constitution of the Commonwealth of Massachusetts is the fundamental governing document of the Commonwealth of Massachusetts, one of the 50 individual state governments that make up the United States of America. As a member of the Massachuset ...

, exclaimed: "I will render my services as a lawyer gratis to any slave suing for his freedom if it is withheld from him ..." Lowell, Delmar R., ''The Historic Genealogy of the Lowells of America from 1639 to 1899'' (p 35); Rutland VT, The Tuttle Company, 1899; . With this case, he fulfilled his promise. Slavery in Massachusetts was denied legal standing. * '' Commonwealth v. Hunt'' (1842) – The Court established that

trade unions A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and Employee ben ...

were not necessarily criminal or conspiring organizations if they did not advocate violence or illegal activities in their attempts to gain recognition through striking. This legalized the existence of non-

socialist Socialism is a left-wing economic philosophy and movement encompassing a range of economic systems characterized by the dominance of social ownership of the means of production as opposed to private ownership. As a term, it describes the e ...

non-violent Nonviolence is the personal practice of not causing harm to others under any condition. It may come from the belief that hurting people, animals and/or the environment is unnecessary to achieve an outcome and it may refer to a general philosoph ...

trade organizations, though trade unions would continue to be harassed legally through anti-trust suits and injunctions. * ''

Roberts v. Boston ''Roberts v. Boston'', 59 Mass. (5 Cush.) 198 (1850), was a court case seeking to end racial discrimination in Boston public schools. The Massachusetts Supreme Judicial Court ruled in favor of Boston, finding no constitutional basis for the sui ...

'' (1850) – The Court established the "

separate but equal Separate but equal was a legal doctrine in United States constitutional law, according to which racial segregation did not necessarily violate the Fourteenth Amendment to the United States Constitution, which nominally guaranteed "equal protec ...

" doctrine that would later be used in ''

Plessy v. Ferguson ''Plessy v. Ferguson'', 163 U.S. 537 (1896), was a landmark U.S. Supreme Court decision in which the Court ruled that racial segregation laws did not violate the U.S. Constitution as long as the facilities for each race were equal in qualit ...

'' by maintaining that the law gave

school board A board of education, school committee or school board is the board of directors or board of trustees of a school, local school district or an equivalent institution. The elected council determines the educational policy in a small regional are ...

s complete authority in assigning students to schools and that they could do so along racial lines if they deemed it appropriate. * ''

Goodridge v. Department of Public Health ''Goodridge v. Dept. of Public Health'', 798 N.E.2d 941 ( Mass. 2003), is a landmark Massachusetts Supreme Judicial Court case in which the Court held that the Massachusetts Constitution requires the state to legally recognize same-sex marriage ...

'' (2003) – The Court ruled 4–3 that the denial of

marriage license A marriage license (or marriage licence in Commonwealth spelling) is a document issued, either by a religious organization or state authority, authorizing a couple to marry. The procedure for obtaining a license varies between jurisdiction ...

s to

same-sex couple A same-sex relationship is a romantic or sexual relationship between people of the same sex. ''Same-sex marriage'' refers to the institutionalized recognition of such relationships in the form of a marriage; civil unions may exist in countries ...

s violated the Massachusetts Constitution. The decision was stayed for 180 days to allow the legislature time to amend the law to comply with the decision. In December 2003, the state Senate asked the SJC whether "civil unions" would comply with their ruling. The SJC replied that civil unions were insufficient, and civil marriage was required. The legislature made no further action, and the stay expired on May 17, 2004. The state began issuing marriage licenses to same-sex couples the same day. This decision was one of the first in the world to find that same-sex couples have a right to marry.

Composition

The Court consists of a Chief Justice and six

Associate Justice Associate justice or associate judge (or simply associate) is a judicial panel member who is not the chief justice in some jurisdictions. The title "Associate Justice" is used for members of the Supreme Court of the United States and some state ...

s appointed by the

Governor of Massachusetts The governor of the Commonwealth of Massachusetts is the chief executive officer of the government of Massachusetts. The governor is the head of the state cabinet and the commander-in-chief of the commonwealth's military forces. Massachusetts ...

with the consent of the

Governor's Council The governments of the Thirteen Colonies of British America developed in the 17th and 18th centuries under the influence of the British constitution. After the Thirteen Colonies had become the United States, the experience under colonial rule would ...

. The Justices hold office until the

mandatory retirement Mandatory retirement also known as forced retirement, enforced retirement or compulsory retirement, is the set age at which people who hold certain jobs or offices are required by industry custom or by law to leave their employment, or retire. As ...

age of seventy, like all other Massachusetts judges since 1972.

Current composition

The currently serving justices are:

Notable members

William Cushing William Cushing (March 1, 1732 – September 13, 1810) was one of the original five associate justices of the United States Supreme Court; confirmed by the United States Senate on September 26, 1789, he served until his death. His Supreme Court ...

of the

Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

(1790–1810) *

Charles Devens Charles Devens Jr. (April 4, 1820 – January 7, 1891) was an American lawyer, jurist and statesman. He also served as a general in the Union Army during the American Civil War. Early life and career Born in Charlestown, Massachusetts, Devens g ...

United States Attorney General The United States attorney general (AG) is the head of the United States Department of Justice, and is the chief law enforcement officer of the federal government of the United States. The attorney general serves as the principal advisor to the p ...

(1877–81) *

Charles Fried Charles Anthony Fried (born April 15, 1935) is an American jurist and lawyer. He served as United States Solicitor General under President Ronald Reagan from 1985 to 1989. He is a professor at Harvard Law School and has been a visiting professor ...

United States Solicitor General The solicitor general of the United States is the fourth-highest-ranking official in the United States Department of Justice. Elizabeth Prelogar has been serving in the role since October 28, 2021. The United States solicitor general represent ...

(1985–89) *

Horace Gray Horace Gray (March 24, 1828 – September 15, 1902) was an American jurist who served on the Massachusetts Supreme Judicial Court, and then on the United States Supreme Court, where he frequently interpreted the Constitution in ways that increa ...

of the

(1882–1902) *

Ebenezer R. Hoar Ebenezer Rockwood Hoar (February 21, 1816 – January 31, 1895) was an American politician, lawyer, and jurist from Massachusetts. He served as U.S. Attorney General from 1869 to 1870, and was the first head of the newly created Department of Jus ...

(1869–70) *

Oliver Wendell Holmes Jr. Oliver Wendell Holmes Jr. (March 8, 1841 – March 6, 1935) was an American jurist and legal scholar who served as an associate justice of the Supreme Court of the United States from 1902 to 1932.Holmes was Acting Chief Justice of the Un ...

of the

(1902–32) * Lemuel Shaw *

Theophilus Parsons Theophilus Parsons (February 24, 1750October 30, 1813) was an American jurist. Life Born in Newbury, Massachusetts to a clergyman father, Parsons was one of the early students at the Dummer Academy (now The Governor's Academy) before matricu ...

Notes

References

Works cited

* Davis, William (1900)
''History of the Judiciary of Massachusetts''

''Massachusetts Civil List for the Colonial and Provincial Periods''
* Reno, Conrad
''Memoirs of the Judiciary and the Bar of New England'', Volume 1

External links

Supreme Judicial Court of MassachusettsList of Chief Justices of the Supreme Judicial Court
(since 1801)
Office of the Reporter of Decisions of the SJC
*. (Various documents).
Memoirs v. Massachusetts
{{Authority control State supreme courts of the United States Massachusetts state courts 1692 establishments in Massachusetts Government Center, Boston Courts and tribunals established in 1692