Rule of Four

Term that describes the Supreme Court's long‐standing practice of reviewing a case if four justices favor granting the petition for certiorari. The rule was apparently developed by the justices as a procedural device after the Courts of Appeals Act of 1891 enlarged the Supreme Court's discretionary jurisdiction (see Judiciary Act of 1869). The rule, which became public knowledge in 1924, assures that the Court will hear cases that a substantial minority of justices regards as important.

— James W. Ely, Jr.

Petitioners seeking review of a case by the Supreme Court will petition the Court for a writ of certiorari, an order from the Supreme Court to a lower court requiring that a record of a case be sent to the Court for review. If at least four of the nine justices vote in favor of this action, the Court will grant a petition for certiorari. This procedure is known as the Rule of Four.

See also Certiorari, writ of

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