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How does the U.S. Supreme Court review constitutional decisions made by lower courts?
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constitution
Original copy of the Constitution of the United States of America, housed in the National Archives in Washington, D.C.
The U.S. Supreme Court primarily reviews constitutional decisions from lower courts through its appellate jurisdiction. Because the Supreme Court is the ultimate arbiter of the U.S. Constitution, its rulings on constitutional questions are final and binding for all other courts and government authorities.12
The process typically functions as follows:
- Writ of Certiorari: The Supreme Court exercises discretion over its caseload by issuing a writ of certiorari, an order for a lower court to present its records for reexamination.34
- Rule of Four: To grant a request for certiorari, at least four of the nine justices must agree to hear the case.34
- Review Process: Once a case is accepted, the Court reviews the lower-court records and briefs and hears oral arguments from the parties involved. The justices do not hear new witnesses or evidence; instead, they focus on interpreting the Constitution to determine the validity of the lower court's decision or the underlying statute or action in question.42
- Finality: The Court’s resulting written opinion establishes a controlling constitutional doctrine that lower courts are expected to follow.4