The Supreme Court's Process: From Certiorari to Conference
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How do most cases arrive at the Supreme Court?
Most cases are appealed from lower federal courts or state supreme courts and arrive via a petition for a "writ of certiorari."
What is a "writ of certiorari"?
A Latin term meaning "to be more fully informed." It is a formal order from the Supreme Court to a lower court to send up the records of a case for review.
What is the "Rule of Four"?
An informal rule dictating that at least four of the nine justices must agree to hear a case (grant certiorari) for it to be scheduled for oral argument.
Does the Supreme Court hear every case it is asked to review?
No. The Court has discretion and denies the vast majority of petitions. It typically hears fewer than 100 cases out of the more than 7,000 petitions it receives each year.
What factors make a case more likely to be heard by the Supreme Court?
Cases that involve significant constitutional questions, conflicting decisions among lower courts, or issues of major national importance are more likely to be granted certiorari.
Once a case is accepted, what are "briefs"?
Written legal arguments submitted by each party in the case, outlining why the Court should rule in their favor.
What is an "amicus curiae" brief?
A "friend of the court" brief filed by individuals, organizations, or government agencies who are not parties to the case but have a strong interest in its outcome and wish to offer their perspective.
What happens during "oral argument" at the Supreme Court?
Lawyers for each side present their case to the justices and answer their questions. Each side is typically given 30 minutes.
What is the "conference"?
A private meeting where the justices discuss the cases they have heard, debate the issues, and cast preliminary votes on the outcome.
Who presides over the conference, and how is the discussion structured?
The Chief Justice presides. He speaks first, summarizing the case and stating his views. The discussion then proceeds in order of seniority, from the longest-serving Associate Justice to the newest member.
