Supreme Court Case Procedures: From Certiorari to Opinion
Core Concepts
Walks through the step-by-step process of how the Supreme Court decides to hear a case, conducts oral arguments, deliberates in conference, and issues its final written opinions.
Supreme Court Case Procedures: From Certiorari to Opinion
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What is a writ of certiorari?
A formal order from the Supreme Court to a lower court to send up the records of a case for review. Granting "cert" means the Court has agreed to hear the case.
What is the "Rule of Four"?
An unwritten rule of the Supreme Court stating that if at least four of the nine justices vote to hear a case (grant certiorari), the case will be scheduled for oral argument.
What factors make it more likely for the Supreme Court to grant certiorari?
The Court is more likely to grant cert when there is a "circuit split" (conflicting rulings in different Circuit Courts), the case presents a novel and important constitutional question, or the U.S. government is a party and requests review.
What is an *amicus curiae* brief?
A "friend of the court" brief. It is filed by individuals or groups who are not parties to a case but have an interest in its outcome. These briefs provide additional arguments and information to the Court.
What is the purpose of oral arguments at the Supreme Court?
Attorneys for each side present their case and answer rapid-fire questions from the justices. It allows the justices to probe the arguments, clarify points, and challenge the lawyers' reasoning. Each side typically gets \(30\) minutes.
What is the role of the U.S. Solicitor General?
As the top lawyer for the U.S. government, the Solicitor General represents the executive branch in cases before the Supreme Court. The Court often gives special weight to the Solicitor General's arguments.
What happens during a Supreme Court judicial conference?
The nine justices meet in complete privacy to discuss the cases they've heard and cast their initial votes. No one else is present. The Chief Justice speaks first, followed by the others in order of seniority.
What is a majority opinion?
The official decision of the Court. It is written by one justice on behalf of at least five justices, explaining the legal reasoning behind the ruling. It sets a binding precedent for lower courts.
What is a concurring opinion?
An opinion written by a justice who agrees with the majority's final decision but for different legal reasons. It does not create precedent but can influence future legal arguments.
What is a dissenting opinion?
An opinion written by a justice who disagrees with the majority decision. It explains their reasoning and can be used in the future to argue for overturning the precedent set by the majority.
Who decides which justice will write the majority opinion?
If the Chief Justice is in the majority, they will assign the opinion to themself or another justice. If the Chief Justice is in the minority, the most senior justice in the majority makes the assignment.
What is a *per curiam* opinion?
A brief, unsigned opinion issued by the Court as a whole. These are often used for cases where the decision is unanimous and the legal reasoning is straightforward, and they carry the full force of law as precedent.
