This article explains the process by which cases are selected for review by the US Supreme Court.
The Court System and Petitions
•The federal court system has three layers: district (lowest), circuit (appeals), and Supreme Court (highest).•To reach the Supreme Court, nearly all cases require a petition for a writ of certiorari, a written request asking the Court to hear a case.•About 8,000 petitions are submitted each year, but only about 80 are accepted—a 1% acceptance rate.How Cert is Granted
•The Court grants cert if at least four justices (the rule of four) want to hear the case.•When cert is denied, it does not imply agreement with the lower court; it simply means the Court decided not to set law for the country on that issue.Three Categories of Accepted Cases
•Cases of national importance, like Bush v. Gore, which helped determine the 2000 presidential election.•Cases where a lower court invalidates a federal law, as in Gonzales v. Raich, where the Supreme Court upheld federal drug laws against a state medical marijuana law.•Cases that resolve a split among circuit courts, such as Obergefell v. Hodges, which made same-sex marriage a nationwide right by overruling conflicting circuit decisions.Key Takeaways
•No one has a right to have their case heard by the Supreme Court; acceptance is entirely at the justices' discretion.•Cases must raise an important question about federal law, such as the Constitution or acts of Congress.•The Court often takes cases to resolve conflicts between lower courts or to address issues of national importance.Conclusion
Ultimately, which cases get to the Supreme Court depends on the decisions of the sitting justices.
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