Supreme Court Case Selection Process

Overview

• TV shows often misrepresent the ease of appealing to the Supreme Court.
• Access to the Supreme Court is not a right but at the discretion of the Justices.
• Only about 1% of cases submitted are accepted.

Court Structure

• Federal Court System:
  • District Courts: First level.
  • Circuit Courts: Second level, 12 total including DC and a federal circuit for specific cases.
  • Supreme Court: Highest court.

Petition for a Writ of Certiorari

• A written request for the Supreme Court to hear a case.
• Focuses on important questions of federal law, not the facts of the case.
• Reviewed by clerks, passes "the rule of four" if four justices agree to hear the case.

Implications of Not Granting Cert

• Does not imply agreement with lower court decisions.
• Indicates the case is not suited to set national law.

Categories of Cases Accepted

1. National Importance

   • Example: Bush v. Gore (2000 presidential election).

2. Invalidation of Federal Law

   • Example: Gonzalez v. Raich (medical marijuana use in conflict with federal law).
   • Supreme Court upheld federal law, overruling the Ninth Circuit.

3. Resolving Circuit Splits

   • Example: Obergefell v. Hodges (same-sex marriage rights).
   • Supreme Court ruled in favor of Obergefell, resolving inconsistent circuit rulings.

Conclusion

• Selection of cases is ultimately at the discretion of the Supreme Court Justices based on individual decisions, not strict rules.