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How do you get the US Supreme Court to review a prior Supreme Court decision for current application?
Wiki User
∙ 13y ago
You can't. Someone with standing (someone who is personally, negatively and significantly impacted) would have to initiate a new case that challenges the established precedent sufficiently to warrant reconsideration of the matter. The party bringing the case would have to lose at both the trial and intermediate appellate level (or hope the opposing party has sufficient interest in pursuing an appeal if they lose) before the case can be petitioned to the US Supreme Court.
In the 2008-2009 Term, the Court received 7,738 petitions for writ of certiorari from people who wanted their cases reviewed. Of these, the Court can only choose about 150 cases for disposition; only about half the cases selected are scheduled for oral argument and receive full written opinions. Cases are selected on the basis of topicality, national significance, and constitutional issues raised. They may be willing to take a second look at a precedent, or may decide the law is settled - at least for the moment.
Even if the justices grant certiorari on a case involving an established precedent, and even if the Court agrees that a particular application should be handled differently, they may make a narrow ruling creates an exception while leaving the earlier decision substantially intact. This outcome is more common than one that completely overturns a prior decision.
In any event, there is no way to compel the Supreme Court to review any particular case. The Court has full discretion over cases heard under appellate jurisdiction. Statistically, the likelihood of having the case rejected is 98-99%.
For more information, see Related Questions, below.
Wiki User
∙ 13y ago
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How does the supreme court overturn a lower courts decision?
By issuing a judicial review.
What did the supreme courts decision in Marbury v. Madison establish?
Judicial Review
Judicial review was firmly established as a result of the Supreme Court's decision in?
Marbury vs. Madison
When the Supreme Court refuses to review a lower-court decision announcing this decision through a short unsigned opinion is called?
per curiam
What is A formal acceptance by the Supreme Court to review a decision of a lower court called?
Centiorari or Writ of Centiorari
What was one outcome of the supreme court decision in marbury v madison 1803?
the principle of judicial review was established
What was the decision of the Supreme Court in Marbury vs. Madison?
Marbury vs Madison established the principle of "judicial review."Judicial review says the Supreme Court can decide on whether laws passed by Congress and signed by the President are constitutional.
Why was Marbury V Madison an important supreme court decision?
It was a concept of judicial review. In other words the supreme court have the authority to review other branches of court and decide whether or not the cases are unconstitutional.
What was the decision that strengthened the supreme court because i t asserted the courts right of judicial review?
Marbury vs. Madison
What does the status departmental review required mean?
If you've applied for, college, and you see that a departmental status review is required, it simply means that a decision on your application has not been made yet.
When was Supreme Court Review created?
Supreme Court Review was created in 1960.
What lower court does the US Supreme Court have the right to review decision made?
ALL lower courts, both state and federal, can be reviewed by the Supreme Court. Every court in the nation is subordinate to the US Supreme Court.
