U.S. Government and Civics / Unit 8: The Federal Courts
8.4 How the Supreme Court Decides Cases
Notes
The Supreme Court receives thousands of requests each year but hears fewer than 100 cases.
- Parties ask for review with a petition for a writ of certiorari. Under the rule of four, the Court hears a case if at least four justices agree.
- The Court usually takes cases involving important constitutional questions or disagreements among the courts of appeals.
- Lawyers file written briefs. Outside groups may file amicus curiae ("friend of the court") briefs.
- Oral arguments: each side presents and answers justices' questions. The Solicitor General represents the U.S. government before the Court.
- The justices discuss and vote in private conference.
- Majority opinion: the Court's ruling and reasoning, which becomes precedent. Concurring opinion: agrees with the result for different reasons. Dissenting opinion: disagrees with the majority.
- Stare decisis ("let the decision stand"): courts generally follow precedent.
Practice
How many justices must agree for the Supreme Court to hear a case?
The rule of four decides which petitions for certiorari are granted.
A justice agrees with the majority's ruling but for different reasons. She writes a:
A concurrence agrees with the outcome but offers separate reasoning.
An environmental group that is not a party to a case files a brief supporting one side. This is called:
"Friend of the court" briefs let outside groups share views.
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