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The US Supreme Court comprises nine justices who attempt to review every case as a complete Court. A quorum, the minimum number of justices who must participate in any given case, is six.
A judicial review.
A judicial review.
A judicial review.
Grant certiorari, or agree to review the case
The Rule of Four has nothing to do with arguing before the US Supreme Court. It refers to the number of US Supreme Court justices who must agree to hear a case before the case can be accepted on appeal. If four justices sign off on a petition for writ of certiorari (request for review), the case will be added to the Court's docket. For more information, see Related Questions, below.
Judicial review
"Cert" is short for "certiorari," which refers to the appeal (petition for a writ of certiorari) a party files with the Supreme Court requesting the justices review the case. If the justices decide against hearing the case, they deny the petition. This is usually abbreviated and referred to as "cert denied."
Deliberation(Apex)
Yes. Unless a Justice chooses to opt out of the "Cert Pool," he or she usually has three or four law clerks who receive randomly assigned petitions for review. The clerks, who are recent law school graduates, then write a brief summarizing the case and the legal questions involved. The Justices read the briefs, then discuss approximately 30% of the petitions in conference and determine which are most important for them to adjudicate. The remaining 70% are denied without comment. If four or more of the Justices decide a case is worth hearing, they issue a writ of certiorari to the appropriate appeals court, ordering all the case files be sent to the Supreme Court. They then review the full case in order to prepare for oral arguments.
The Rule of Four. At least four justices must vote to grant certiorari (review the case) for it to be heard.
Yes. The members of the US Supreme Court review cases presented to them in a writ of certiorari. If they grant the writ, they will review the case. The look for cases that need to resolve discrepancies between various District Courts, or things that touch on the US Constitution.