Review: A Writ of Certiorari is the primary means by which a case comes before the Supreme Court. The party seeking review is the petitioner, while the opposing party is the respondent. The Court has broad discretion in case selection. Of over 5,000 cases a year for which review is sought, fewer than 5 percent are granted "cert." A denial of cert means that the decision of the court below stands. It does not mean that the Supreme Court agrees with the decision below; however, often times, that is true. It just means that for whatever reasons, the Court chose not to review the case.
What cases are granted cert? While there are no hard and fast rules, cert is often granted when federal circuit courts of appeal are in conflict over an issue. Cert is also frequently granted when the highest court in a state rules that an act of Congress is unconstitutional, or applies a decision to the US Supreme Court to a legal issue in a manner in which the Supreme Court disagrees. Also cert is usually not granted if the issue is very controversial and the Supreme Court is looking for the lower courts to find some kind of consensus. The Supreme Court usually will not grant cert if the issue is seen as one dealing strictly with national defense or one where Congress, not the Court, should step in. There are probably many other reasons why cert is or is not granted, but we will never know. When a petition to grant a Writ of Cert arrives at the Court, law clerks for each Justice prepare a memo about the issue. The Justices then meet in conference to vote on whether to grant cert. The Rule of Four applies, so if four justices vote in favor, cert is granted. The meetings are secret, and one Justice my vote for cert because he or she has a particular interest in the issue, while another Justice may feel it just isn't important enough to take up the Court's time. Economic, political, and other factors may come into play.
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