The U.S. Supreme Court decides which cases to hear primarily through a process called granting a writ of certiorari. Here is how the decision process works:
- Petition for Certiorari: Parties dissatisfied with a lower court's decision petition the Supreme Court to review the case by filing a writ of certiorari, requesting the Court to send up the case records for review
- Rule of Four: The Court follows the "Rule of Four," meaning that at least four of the nine Justices must vote to accept the case for it to be heard
- Criteria for Selection: The Court typically selects cases that:
- Present significant federal or constitutional questions.
- Resolve conflicts among different federal circuit courts or state supreme courts on important legal issues.
- Have national significance or could set important legal precedents.
- Involve cases where lower courts have disregarded Supreme Court precedent.
- Sometimes, cases that align with Justices' particular legal interests or address highly unusual or socially important issues (e.g., landmark cases like United States v. Nixon or Bush v. Gore)
- Clerks' Role and Conference: Justices' clerks review petitions and recommend whether to grant certiorari. The Chief Justice schedules petitions for discussion at private weekly conferences. Justices discuss and vote on which cases to accept
- Limited Acceptance: Out of approximately 7,000 to 10,000 petitions annually, the Court accepts and hears about 80 to 150 cases, reflecting its selective nature and limited capacity
In summary, the Supreme Court exercises discretionary review, focusing on cases of broad legal importance, conflicts in the law, and constitutional questions, with at least four Justices agreeing to hear the case under the Rule of Four
