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The rule of four. It requires at least four of the nine Justices of the Supreme Court to agree to grant the Petition for Certiorari. If four Justices agree to grant the petition, the Supreme Court will consider the case. A Petition for Certiorari is granted in very, very few, selected cases--fewer than 100 a year-by the Supreme Court of the United States.

Each justice on the U.S. Supreme Court has a number of skilled law clerks working for him or her and these clerks review every writ of certiorari and submit a "cert memo" regarding the writs they review to the justice they are assigned. The judges review the memos and hold a conference to determine which of these cases should go on the court's docket.

The "Rule of Four" controls matters when deciding which issues the high court will hear. If four justices agree that a specific writ of certiorari should be granted, then the case will be placed on the Supreme Court's docket and an order stating that certiorari has been granted will be issued to the petitioner.

According to Supreme Court Rules, Section III, Rule 10, the following guidelines help justices determine which cases are viable for review (called cert. worthy):

Rule 10. Considerations Governing Review on Writ of Certiorari

Review on a writ of certiorari is not a matter of right, but of judicial discretion. A petition for a writ of certiorari will be granted only for compelling reasons. The following, although neither controlling nor fully measuring the Court's discretion, indicate the character of the reasons the Court considers:

  • (a) a United States court of appeals has entered a decision in conflict with the decision of another United States court of appeals on the same important matter; has decided an important federal question in a way that conflicts with a decision by a state court of last resort; or has so far departed from the accepted and usual course of judicial proceedings, or sanctioned such a departure by a lower court, as to call for an exercise of this Court's supervisory power;
  • (b) a state court of last resort has decided an important federal question in a way that conflicts with the decision of another state court of last resort or of a United States court of appeals;
  • (c) a state court or a United States court of appeals has decided an important question of federal law that has not been, but should be, settled by this Court, or has decided an important federal question in a way that conflicts with relevant decisions of this Court.

A petition for a writ of certiorari is rarely granted when the asserted error consists of erroneous factual findings or the misapplication of a properly stated rule of law.

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6mo ago

The U.S Supreme Court selects its cases through a process called "certiorari." This means that it grants review to cases that have been appealed from lower courts and meet certain criteria. The Court typically selects cases that involve significant constitutional questions or where there is a conflict between lower court decisions on an issue of federal law. The justices then vote on which cases to take up and a majority vote is required for a case to be granted review.

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Q: How does the U.S Sepreme court select its cases?
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