How does the Supreme Court decide the cases it hears?

Answer 1

The Supreme Court justices vote to determine the outcome of a case. The decision is made when a simple majority (for example, five of the nine justices) agree on a judgment.

Explanation

Most US Supreme Court cases are heard under the Court's appellate jurisdiction, whereby the issue was initially tried by the lower courts, has exhausted all avenues of appeal below the Supreme Court, and the losing party has petitioned the Supreme Court for a Writ of Certiorari. A petition for a Writ of Certiorari is a formal request that the Court review the final lower court appeal to determine whether questions of constitutional and federal law were interpreted and adjudicated correctly.

The Supreme Court does not conduct a trial under these circumstances, but reads the case history and lower court opinions, then listens to oral arguments on behalf of the Petitioner and Respondent (similar to a Plaintiff and Defendant) before determining whether the lower court decision was correct (affirmed) or incorrect (reversed). Because this level of appeal requires expert knowledge of constitutional precepts and laws, the nine Justices, alone, vote on the final decision.

Supreme Court cases are discussed in Conference three days after both the Petitioner and Respondent make oral arguments, and are then voted on by the full Court. The Chief Justice's vote carries no more weight than the Associate Justices' votes.

The Court's official decision is made by a simple majority vote of the justices involved in the case. Most often, a majority opinion is one where five or more of the nine Justices agree. If the vote is not unanimous, those in the minority may issue dissenting opinion(s); similarly, Justices who agree with the majority may issue concurring opinions if they wish to add points not covered in the official majority opinion.

For more information, see Related Questions, below.

Answer 2

If the question refers to making the decision on the case, the answer is this:

First the Supreme Court receives the record of the case to review the pertinent aspects on appeal. Then it reviews legal briefs submitted by the attorneys for the parties. Next it hears oral argument from the attorneys. Then it meets in conference and each justice gets a turn to give his or her views on the case and to state what his/her vote would be on the issues. After all justices have spoken a formal vote is taken and the case is decided one way or the other depending on a simple majority vote. If the Chief Justice is part of the majority, he may choose to write the majority opinion or designate another justice in the majority to write it. If the Chief is in the majority, then the senior justice who is in the majority may choose to write the opinion or designate another justice in the majority to write it. The majority opinion (and dissenting or concurring opinions are then circulated among all the justices for their review. After the review, the opinion is published.

If the question is how does it decide which cases it want to hear, the answer is that the justices reviews petitions for certiorari (written requests that the Supreme Court hear the case). The justices vote on whether to hear the case and if 4 of the 9 justices are willing to hear the case, the case gets heard in due course. A majority of justices is not necessary to decide to hear a case.

Answer 3

It is not the job of the Supreme Court to determinepublic policy. However, from time to time decisions made by the Supreme Court have important influences on policy. The Court makes decisions on cases that are brought before it. Other than that, it has no authority over policy.

Answer 4

1. judicial review
2. interpreting law
3. overruling previous decisions

Answer 5

cases must pass with a majority vote of the Justices.

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Answer 6

move that dope