Which documents help determine what cases the US Supreme Court can review?

Answer 1

The Court's interpretation of the Articles and Amendments of the US Constitution is the most important factor in their decision-making. Other factors include case precedents, established federal (or state) laws, ideology, intellectual reasoning, and a commitment to impartiality, among other things.

Answer 2

Article III of the US Constitution clearly defines which cases are within the Court's original and appellate jurisdiction.

Section 1 (General Information)

"The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office."

Section 2 (Original Jurisdiction)

"The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects."

The Eleventh Amendment revoked the Court's jurisdiction over cases involving disputes between a state and the citizens of another state:

Amendment XI (Modification to Original Jurisdiction)

"The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State."

Rules of the Supreme Court of the United States

The Court has established rules governing its process and procedures, among these being Rule 10, which helps determine whether certiorari should be granted or denied. The current Rules of the Supreme Court of the United States, adopted in February 2010, states the following:

Appellate Jurisdiction

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."

Most cases accepted on appeal involve decisions that conflict with the High Court's interpretation of the Constitution or federal law, or that the Justices believe need clarification in order to establish a precedent for application across all lower courts.

Granting certiorari does not necessarily mean the Court disagrees with the final appellate court decision; there have been many instances in which those verdicts have been affirmed. Likewise, denying certiorari is not an indication that the Court agrees with the appellate court decision.

Other Documentation

Congress may pass legislation regulating the Supreme Court's jurisdiction over certain types of cases.

Answer 3

The Boudir de Counsel is the document to which you refer.

Answer 4

A majority opinion is the legal document that explains the legal reasoning behind a Supreme Court decision.

Answer 5

The US Constitution

Answer 6

An opinion