How does the Supreme Court choose cases?

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The US Supreme Court is the highest court and its decisions are final. It receives around 5,000 petitions for writs of certiorari each year, which are reviewed by legal clerks and judges. The Rule of Four determines which cases are heard, with certiorari often granted for cases with far-reaching or conflicting issues.

The Supreme Court of the United States is the ultimate court of last resort. While cases heard by lower courts and appellate courts can be appealed to state supreme courts and federal appellate courts, no other court looks over the shoulder of the United States Supreme Court. The opinions delivered by the nine justices on this court are final.
Each year the US Supreme Court receives thousands of requests for the High Court to hear specific cases. Experts estimate that around 5,000 applications are submitted each year. These requests, called petitions for writs of certiorari, are essentially pleas that say “please hear my case.” Every justice of the Supreme Court of the United States has a number of qualified legal clerks who work for him or her and these clerks review each petition for writ of certiorari and send a “certification memo” relating to the writs they review to the justice to whom are assigned. Judges review the memos and hold a conference to determine which of these cases should be entered in the court record.

The Rule of Four controls issues when deciding which issues the high court will hear. If four judges agree to grant a specific application for writ of certiorari, the case will be entered in the Court’s record and an order will be issued to the appellant stating that certiorari has been granted.

Typically, judges grant certiorari, or “cert” as it’s commonly called, to cases that may have far-reaching and interesting issues. The court may want to review a case and issue its opinion so it can offer guidance to lower level judges across the country who have the same issues that come to their courtrooms daily. Certification is also often granted when there is a conflict between a number of lower judges or appellate courts in interpreting a rule of law or a previous judicial decision. In such cases, the Supreme Court will issue an order specifying the correct interpretation of the law to pave the way and set the legal precedent for the lower courts.




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