The U.S. Supreme Court’s process for selecting and deciding cases is a highly regulated, multi-stage legal procedure that restricts the Court to hearing only a fraction of the thousands of petitions it receives annually. According to the Supreme Court of the United States, the Court typically receives 7,000 to 8,000 petitions each term but grants review to fewer than 80 cases, effectively leaving the lower court rulings in place for the vast majority of legal disputes.
How the Supreme Court Selects Cases
The Supreme Court is a reactive institution, meaning it cannot initiate legal action; it must wait for parties to file a petition for a writ of certiorari. This document formally requests that the high court review a decision made by a lower federal or state court.
Once a petition is filed, the justices employ the "rule of four," which requires at least four of the nine justices to vote in favor of granting the petition. The Administrative Office of the U.S. Courts notes that this process often involves law clerks, who review the massive volume of incoming requests and draft memos to assist the justices in their initial screening. If the Court denies certiorari, the lower court’s ruling remains the final word on the matter.
The Role of Amicus Curiae Briefs
Interest groups and other entities often attempt to influence the Court’s decision-making process by filing amicus curiae, or "friend of the court," briefs. These documents provide supplemental information or legal arguments that may not be addressed by the primary parties involved in the case.
Data from the Supreme Court Database indicates that the frequency of these filings has risen significantly over recent decades. While these briefs do not guarantee a case will be heard, they serve as a primary vehicle for advocacy groups to signal the national importance of a legal issue to the justices.
Oral Arguments and Private Deliberations
When a case is granted review, both parties submit written briefs detailing their legal arguments. These are followed by oral arguments, where attorneys appear before the justices for a limited time—usually one hour—to answer questions.
Following these sessions, the justices meet in a private conference to cast preliminary votes. According to the official Court procedures, the Chief Justice—if in the majority—assigns the writing of the majority opinion. If the Chief Justice is in the minority, the most senior justice in the majority makes the assignment. This period of drafting is often marked by intense negotiation, as justices circulate drafts and seek to maintain a majority coalition.
The Release of Final Opinions
The Court announces its decisions on a rolling basis, typically concluding its term between late June and early July. While the majority opinion establishes the legal precedent, justices may also write concurring opinions—if they agree with the outcome but not the reasoning—or dissenting opinions, which express disagreement with the majority.
Frequently Asked Questions
- How often do justices change their votes? Justices are free to change their votes at any point until the final opinion is officially released.
- Why do some justices read dissents from the bench? Reading a dissent aloud is a rare, deliberate act used by a justice to signal strong opposition to the majority’s reasoning or to highlight a specific point of legal contention.
- Does the Supreme Court hear every case appealed to it? No. The Court exercises discretionary jurisdiction, meaning it chooses which cases to hear based on factors like whether there is a "circuit split"—where different lower courts have interpreted a law differently—or if the case presents a significant constitutional question.