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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This article is about the legal term. For the 2004 novel, see The Rule of Four.

The rule of four is a Supreme Court of the United States practice that permits four of the nine justices to grant a writ of certiorari. This is done specifically to prevent a majority of the court from controlling all the cases it agrees to hear.

The rule of four is not required by the Constitution, any law, or even the Supreme Court's own published rules [1]. Rather, it is a custom that has been observed since the Court was given discretion over which appeals to hear by the Judiciary Act of 1891 and Judiciary Act of 1925.

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