How a case gets to the US Supreme Court

Summary

This script clarifies misconceptions about appealing to the U.S. Supreme Court, highlighting the 1% acceptance rate and the rigorous selection process. It explains the role of the 'petition for a writ of certiorari' and the three main reasons cases are chosen: national importance, invalidation of federal law, and resolving circuit splits.

Takeaways

• 📺 Old TV shows often depict appealing to the Supreme Court as easy, but in reality, it's a complex and selective process.
• 🏛️ The Supreme Court is not obligated to hear any case; it's entirely at the discretion of the Justices who choose very carefully.
• 🔢 Only a tiny fraction of cases make it to the Supreme Court, with a 1% acceptance rate from about 8,000 cases submitted annually.
• 🏙️ The federal court system has three layers: district, circuit, and the Supreme Court, with most cases starting at the district level.
• 📚 To reach the Supreme Court, a case typically requires a 'petition for a writ of certiorari,' which is a request for the court to hear the case.
• 🤔 The Supreme Court focuses on cases that raise important federal law questions, aiming to ensure uniformity in federal law across the country.
• 👨‍🏫 Professor Greene's experience clerking for Justice John Paul Stevens provided insight into how cert petitions are reviewed and granted by the Justices.
• 📉 The 'rule of four' means that at least four justices must agree to hear a case, which is a key part of the selection process for Supreme Court cases.
• 🏆 Supreme Court cases often fall into three categories: national importance, invalidation of federal law by lower courts, or resolution of circuit splits.
• 🏆🏆 Examples like Bush v. Gore, Gonzales v. Raich, and Obergefell v. Hodges illustrate the types of cases the Supreme Court considers significant enough to hear.
• 🏛️🏛️ The final decision on which cases to hear rests with the individual justices of the Supreme Court, highlighting the subjective nature of the selection process.

Q & A

What is the misconception about appealing to the Supreme Court depicted in old TV shows?

Old TV shows often make it seem easy to appeal to the Supreme Court, suggesting that it's a right to appear there, which is not true.

What is the actual process for a case to reach the Supreme Court?

Cases typically start at the district level of the federal court system, then may be appealed to the circuit level. Only a select few cases, after these lower court proceedings, can petition to the Supreme Court.

What is the acceptance rate of cases submitted to the Supreme Court?

The Supreme Court accepts approximately 1% of the cases submitted each year, with about 80 cases out of roughly 8,000 being accepted.

What is the significance of submitting a 'petition for a writ of certiorari'?

A petition for a writ of certiorari is a formal request asking the Supreme Court to hear a case. It's a crucial step in the process of getting a case reviewed by the Supreme Court.

What is the primary goal of the Supreme Court in hearing cases?

The overarching goal of the Supreme Court is to ensure that federal law is consistent across the country, interpreting the US Constitution and laws passed by Congress.

What does it mean when the Supreme Court does not grant a petition for a writ of certiorari?

When the Supreme Court does not grant cert, it implies that the court has decided not to set law for the whole country in that particular case, not necessarily agreeing or disagreeing with the lower court's decision.

What are the three categories that most Supreme Court cases fall into?

Most Supreme Court cases fall into one of three categories: cases of national importance, cases where a lower court invalidates federal law, and cases to resolve a split decision in the lower courts.

What was the significance of the case 'Bush v. Gore' in the context of national importance?

The case 'Bush v. Gore' was significant as it helped determine the winner of the 2000 presidential election, demonstrating the Supreme Court's role in cases of national importance.

Can you provide an example of a case where a lower court's ruling conflicted with federal law?

In 'Gonzalez v. Raich', the Ninth Circuit ruled in favor of a woman using medical marijuana, which conflicted with federal laws prohibiting marijuana use, leading to the Supreme Court stepping in to establish the authority of federal law.

How does the Supreme Court resolve a 'split decision' in the lower courts?

The Supreme Court resolves a split decision by hearing the case and making a ruling that applies nationwide, as seen in 'Obergefell v. Hodges', which made same-sex marriage a right nationwide.

What is the role of the clerks in the process of reviewing cert petitions?

Clerks review cert petitions for their justices, who then decide whether to grant a petition if it passes 'the rule of four', meaning four justices want to hear the case.

Outlines

00:00

🏛️ Understanding the Supreme Court's Case Selection

This paragraph explains the misconception perpetuated by old TV shows that anyone can appeal to the Supreme Court, which is not true. The Supreme Court has the discretion to choose which cases to hear, and only a small fraction of submitted cases are accepted. The paragraph outlines the structure of the federal court system, starting from the district level, moving to the circuit level, and finally reaching the Supreme Court. It also introduces the concept of a 'petition for a writ of certiorari', which is a request for the Supreme Court to hear a case, focusing on important federal law questions rather than unresolved facts.

Keywords

💡Supreme Court

The Supreme Court is the highest court in the United States, responsible for interpreting the Constitution and federal laws. In the video, it is emphasized that not everyone has a right to appear before the Supreme Court, and its decisions are pivotal in setting legal precedents nationwide. The script highlights the court's discretion in choosing which cases to hear, with a focus on cases of national importance, conflicts in lower court rulings, or issues of federal law.

💡appeal

An appeal is a legal process where a party seeks a higher court's review of a lower court's decision. The script mentions that cases often start at the district level and can be appealed to the circuit level if lost. The ultimate appeal in the U.S. federal system is to the Supreme Court, which is depicted as a selective and significant step in the legal process.

💡petition for a writ of certiorari

A petition for a writ of certiorari is a formal request made to the Supreme Court to review a case. The script explains that this petition is crucial for a case to be considered by the Supreme Court, and it is not a guarantee of a hearing. The term 'cert' is used to refer to this petition, indicating its importance in the process of getting a case to the highest court.

💡district court

A district court is the lowest level of the federal court system in the United States. The script describes the district court as the starting point for most cases, where initial decisions are made. Losing a case at this level can lead to an appeal to a higher court, illustrating the hierarchical structure of the U.S. court system.

💡circuit court

A circuit court is an intermediate appellate court in the U.S. federal court system. The script notes that there are eleven circuits, plus a twelfth for Washington, D.C., and a federal circuit for specific cases. These courts hear appeals from district courts and play a critical role in shaping federal law through their decisions.

💡rule of four

The 'rule of four' is a procedural rule in the Supreme Court where at least four justices must agree to hear a case. The script uses this term to explain how the court decides which cases to accept, emphasizing that it is a collective decision among the justices and not an individual one.

💡national importance

The term 'national importance' in the script refers to cases that have significant implications for the entire country. An example given is the Bush v. Gore case, which determined the outcome of the 2000 presidential election. Such cases are often selected by the Supreme Court due to their broad impact on federal law and policy.

💡federal law

Federal law in the context of the script refers to laws passed by Congress and the U.S. Constitution. The Supreme Court's role is to ensure consistency in the interpretation and application of federal law across the country. The script highlights cases where the court's decisions can establish or clarify federal laws, such as in the Raich case involving medical marijuana.

💡circuit split

A circuit split occurs when different circuit courts issue conflicting rulings on the same legal issue. The script mentions the Obergefell v. Hodges case, where a circuit split existed over the right to same-sex marriage. The Supreme Court's decision in such cases is crucial for resolving these splits and establishing uniform federal law.

💡legal precedent

Legal precedent refers to a principle or rule established in a previous legal case that is either binding on or persuasive for a court when deciding subsequent cases with similar issues. The script implies that the Supreme Court's decisions set legal precedents that influence how lower courts interpret and apply the law.

💡discretion

Discretion in the script refers to the Supreme Court justices' power to choose which cases to hear. The court's discretion is highlighted as a key factor in determining which cases reach the highest court, emphasizing that not all cases are automatically entitled to be heard by the Supreme Court.

Highlights

Old TV shows often depict appealing to the Supreme Court as easy, but in reality, it's not a right and is at the discretion of the Justices.

Only a small number of cases make it to the Supreme Court, with an acceptance rate of about 1%.

The federal court system has three layers: district, circuit, and Supreme Court.

Most cases start at the district level and can be appealed to the circuit level if lost.

There are eleven circuits in the United States, with a twelfth for DC and a federal circuit for patent and military cases.

To reach the Supreme Court, a 'petition for a writ of certiorari' must be submitted, which is a request for the court to hear the case.

The petition for the writ of cert focuses on important federal law questions rather than resolving case facts.

The Supreme Court's goal is to ensure consistency of federal law across the country.

Clerks review cert petitions for their justices, who then decide if they want to hear the case based on 'the rule of four'.

If the court does not grant cert, it does not imply agreement with the lower court's decision.

Cases granted cert typically fall into three categories: national importance, invalidation of federal law, or resolving a circuit split.

National importance cases, like Bush v. Gore, help determine significant outcomes like presidential elections.

Cases where lower courts invalidate federal law, such as Gonzales v. Raich, establish the authority of federal law.

The court also accepts cases to resolve circuit splits, as seen in Obergefell v. Hodges, which made same-sex marriage a right nationwide.

The three categories are a framework for understanding why the Court might select a case, but are not strict rules.

Ultimately, which cases reach the Supreme Court depends on the decisions of the sitting justices.

Transcripts

Old TV shows made it seem really easy to appeal to the Supreme Court.

Like when this lady wanted to fight her speeding ticket.

Or on Gilligan’s Island, when Thurston Howell is locked in a bamboo jail and he says,

But even though they make it sound like a right,

nobody is entitled to an appearance at the Supreme Court.

That’s entirely at the discretion of the Justices

and they choose very carefully.

Only a small number of cases get to the Supreme Court, and it’s getting smaller.

Roughly 8,000 cases are submitted each year, but only 80 cases are accepted.

That’s a 1% acceptance rate.

And to get to that 1%, most cases start at the bottom.

The federal court system consists of three layers and the lowest is the district level.

If you lose in a district court you can appeal to the circuit level.

Most of The United States is divided into eleven circuits,

but there’s a twelfth for DC

and a federal circuit that mostly hears patent and military cases.

Above the circuit level is the Supreme Court, the highest court in the land

as long as you don’t count the basketball court that’s above the Supreme Court.

And to get to the Supreme Court, nearly all cases require submitting something called

a "petition for a writ of certio-

certioror?

certiori?

“The writ of certiorari”, which is shortened, usually, to “the writ of cert”.

A petition for the writ of cert is a written request asking the Supreme Court to hear a case.

Instead of asking the court to

resolve the facts of a case,

which are nearly always settled in lower courts,

the reasons for granting the petition concern

important questions about federal law.

The overarching goal of the court is to

make sure that federal law is the same across the country

and, so, by federal law I mean the US Constitution and laws passed by Congress.

Professor Greene clerked for Justice John Paul Stevens,

where he became very familiar with cert petitions.

That’s because the clerks review cert petitions for their justices,

who then choose to grant a petition if it passes “the rule of four”,

meaning that four justices want to hear the case.

When the court does not grant cert, it does not imply a decision.

It doesn’t mean that it agrees with the lower court. It doesn’t mean that the individual

justices agree with the lower court decision. It just means that the court has decided that

this particular case is not a case where the court is

going to choose to set law for the whole country.

If cert is granted, a case probably falls into

one of three categories describing most Supreme Court cases.

The first is a case of national importance,

such as when the court decided Bush v. Gore

in order to help determine

who had won the 2000 presidential election.

“Drawing on very rarely used legal powers, The Supreme Court has, for the first time

in American history, decided to step into a legal dispute in the midst of a presidential election."

A second type of case is when a lower court issues a ruling that invalidates federal law.

An example is "Gonsalez v. Raich", in which Angel Raich, a California woman,

challenged federal drug laws after agents

destroyed marijuana plants she had been consuming for medical use.

On her appeal in the Ninth Circuit, judges ruled in favor of Raich,

deciding that she was compliant with a state law authorizing her use of medical pot.

But that ruling conflicted with federal law prohibiting marijuana use.

So when the Ninth Circuit said "it doesn’t apply" that means that if you are medical marijuana

user in California then you can use it without fear of federal prosecution,

but if you are a medical marijuana user in Florida or in New York

then it’s still banned under federal law.

By ruling on the case, Justices were able

to establish the authority of federal law prohibiting the use of medical marijuana.

In the Raich case, the Supreme Court overruled the Ninth Circuit and said that the federal

drug laws can apply to local marijuana use, which means that someone like Angel Raich

can still be prosecuted under federal law even though she can’t be prosecuted under state law.

Third, the court accepts cases in order to resolve a split decision in the lower courts.

This happened in the case "Obergefell v. Hodges",

where a Sixth Circuit ruling that banned same-sex marriage

conflicted with rulings in other circuits that had upheld the right to same-sex marriage.

Obergefell was someone living in Ohio

who wanted to marry his same-sex partner

and was not permitted to do so under Ohio law.

It made its way to the Sixth Circuit. The Sixth Circuit said,

“you have no right to be married because you are a same-sex couple”

and that created a “split”:

a division of authority between the Sixth Circuit, which governs Ohio,

and a number of other circuit courts.

And so, once that happened,

it was fairly clear to, I think, most legal observers that

the Supreme Court was likely to hear the case

because it meant that federal law, the federal Constitution in this case,

applied differently in Ohio than it would in Pennsylvania, for example.

By ruling in favor of Obergefell, the court resolved a circuit split

and made same-sex marriage a right nationwide.

But these three categories are just a framework

for understanding why The Court might select a case.

They are not rules.

Ultimately, which cases get to the court depends on the decisions of individuals:

the sitting justices of The US Supreme Court.