How does the Supreme Court choose which cases to hear?

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The Supreme Court of the United States exercises nearly exclusive discretion in determining its caseload, receiving approximately 7,000 certiorari requests annually while typically hearing only about 80 cases per term.1

The process for selecting these cases functions as follows:

  • Circulation and Review: All requests for a writ of certiorari are circulated among the justices. The chief justice leads the Court in developing a "discuss list" of potential cases, though associate justices may request that additional cases be added to this list.1
  • The Rule of Four: By the "Rule of Four," a long-standing practice, the Court will grant a writ of certiorari—thereby agreeing to hear a case—only if at least four of the nine justices vote to do so.213
  • Cases and Controversies: The Court only considers matters rooted in actual "cases and controversies" where parties have a direct, personal interest. It does not issue advisory opinions, and it may decline to hear issues it deems "political questions" better suited for the legislative or executive branches.4

Once the Court decides to hear a case, it reviews the lower-court records and briefs, and schedules oral arguments.1