How does the US Supreme Court decide what cases to hear and what happens during the hearing?

Answer 1

Choosing the Case

The Supreme Court decides to hear a case based on three major factors:

1. Whether the appeal came from the US Court of Appeals Circuit Courts or state supreme court and is in conflict with the decisions of other Circuits (circuit split);
2. Whether the case involves an important constitutional issue that has not yet been resolved; and
3. Whether the lower court's decisions may be wrong in light of the Supreme Court's opinions.

The justices then vote to determine whether they want to review the case. If four justices (the "rule of four") agree the case is worthy of the Court's time, they will grant certiorari.

Hearing the Case

Once a case is accepted for review, the Clerk of Courts for the US Supreme Court usually places it on the docket (court schedule) for oral arguments. Meanwhile, the justices read the opinion of the lower court, as well as the briefs from legal counsel for both parties in the case and any other relevant paperwork pertaining to the case. They also have their law clerks research precedents, applicable laws, and anything else they believe will aid in making a decision.

Oral Arguments typically take place on Monday and Tuesday mornings, from October through the end of April. Each side has 30 minutes to present its arguments and answer questions from the justices. Sometimes the hearing is extended if the US Solicitor General's Office or another party is granted time to speak, but usually oral arguments last a little over an hour. The justices do not hear witnesses or consider evidence from the trial; a Supreme Court hearing deals strictly with questions of law arising on appeal.

The justices usually hold conferences on Wednesday and Friday; however, they can modify this schedule. In May 2011, Thursdays are designated as conference days (however, the Court is not sitting to hear arguments this month). The justices may discuss and debate the case and their thoughts about the outcome, then take a preliminary vote.

After the vote, the Chief Justice (if he votes with the majority) or Senior justice in the majority, assigns one of the justices to write the opinion of the court. The justices who dissented from the minority decide amongst themselves if they want to issue a formal dissent. Any of the individual justices may write a concurring or dissenting opinion giving his (or her) legal impression and reasoning on the case.

The majority opinion is usually passed around between the justices for comments and suggestions. Once the writing is complete, the Court releases its decision to the public.

For more information, see Related Questions, below.

Answer 2

The US Supreme Court exercises discretion in selecting cases it wants to hear. Generally, it considers cases that involve important constitutional questions, conflicting rulings from lower courts, or cases of significant national importance. During the hearing, each side presents oral arguments to the justices, who typically ask questions and engage in a rigorous discussion. The justices then meet privately to deliberate and make a decision, which is expressed through a written opinion.