How does the Supreme Court Decide Which Cases to Hear? What do the Justices do?

The Supreme Court of the United States receives thousands of requests to hear cases each year, but it can only accept a small fraction of them. The process for deciding which cases to hear involves several steps:

1. Petition for Certiorari:

• Most cases reach the Supreme Court through a writ of certiorari, which is a request from a lower court for the Supreme Court to review a case. Parties dissatisfied with the decision of a lower court can file a petition asking the Supreme Court to consider their case.

2. Rule of Four:

• The Justices use the "Rule of Four" to decide whether to grant certiorari. If at least four of the nine Justices agree to hear a case, the Court will accept it for review. This ensures that a minority of the Justices cannot prevent the full Court from considering a case.

3. Criteria for Acceptance:

• The Justices consider various factors when deciding whether to hear a case. These factors may include conflicts between lower courts (circuit splits), issues of national importance, constitutional questions, and cases that raise significant legal or social issues.

4. Amicus Curiae Briefs:

• After accepting a case, the Justices may receive amicus curiae (friend of the court) briefs. These are submissions from individuals or groups who are not directly involved in the case but want to provide additional information or perspective. Amicus briefs can influence the Court's decision to some extent.

5. Oral Arguments:

• The Court schedules oral arguments during which attorneys for each side present their cases and answer questions from the Justices. Oral arguments provide an opportunity for the Justices to seek clarification and explore the legal issues in more depth.

6. Conference and Decision:

• After oral arguments, the Justices hold a private conference to discuss the case and cast their initial votes. The Chief Justice presides over the conference, and each Justice has an equal vote. The decision is based on a majority vote.

7. Opinions:

• The Justices then write opinions to explain the legal reasoning behind their decision. There may be a majority opinion, a concurring opinion (agreeing with the result but for different reasons), and dissenting opinions (disagreeing with the majority).

It's important to note that the Supreme Court has discretion in choosing which cases to hear, and there are far more requests for certiorari than the Court can accommodate. The process is designed to ensure that the Court focuses on cases that have broad legal implications and is consistent with its role in interpreting the Constitution and federal law.