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.