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How does a writ of certiorari bring a case before the Supreme Court?
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Supreme Court of the United States
The west facade of the U.S. Supreme Court building, Washington, D.C.
In the United States, the Supreme Court utilizes a writ of certiorari to exercise its discretion in selecting which cases to review. Each year, the Court receives thousands of requests, but it hears only a small fraction of them.1
The process functions as follows:
- Petition and Circulation: Parties seeking review file a petition for a writ of certiorari. These requests are circulated among the justices, and the chief justice leads the development of a "discuss list" of potential cases.1
- The Rule of Four: By the "Rule of Four," the Court will grant the writ and agree to hear the case only if at least four of the nine justices vote to do so.21
- Review: Once certiorari is granted, the lower court’s records and briefs are delivered to the Supreme Court. The Court then schedules oral arguments to review questions of law or to correct errors made by lower courts.21
The Court does not hear witnesses or evidence during this process; instead, it focuses on interpreting the Constitution and establishing controlling legal doctrine.1