Writ of Certiorari

Definition

A writ of certiorari is a legal order issued by a higher court, typically the Supreme Court, to review the decisions made by lower courts. This mechanism serves as a tool for the Supreme Court to control its docket, allowing it to select cases that involve significant legal questions or inconsistencies in the application of the law across different jurisdictions. The issuance of a writ does not guarantee a hearing; rather, it signifies that the Court has decided to examine the lower court's ruling.

5 Must Know Facts For Your Next Test

1. The Supreme Court receives thousands of petitions for certiorari each year but hears only about 1% of those cases.
2. The writ of certiorari is not explicitly mentioned in the Constitution; it has developed through court rules and practices over time.
3. Most cases that the Supreme Court hears involve important issues such as constitutional interpretation, federal law, or conflicts between states.
4. The decision to grant or deny a writ of certiorari is largely discretionary and reflects the Court's priorities and interests in shaping legal precedents.
5. When a writ of certiorari is granted, the lower court's record is sent to the Supreme Court for review, and oral arguments may be scheduled.

Review Questions

• How does the process of issuing a writ of certiorari influence which cases are selected for review by the Supreme Court?
  • The process of issuing a writ of certiorari allows the Supreme Court to prioritize cases that present significant legal questions or address inconsistencies in lower court rulings. Given that only about 1% of petitions are granted, this process helps filter out cases that may not have substantial legal implications or that are better suited for resolution at lower levels. The Rule of Four ensures that even minority opinions among justices can influence which cases are ultimately heard, reflecting a diverse range of judicial perspectives.
• Discuss the implications of the Supreme Court's discretion in granting writs of certiorari on the development of U.S. law.
  • The Supreme Court's discretion in granting writs of certiorari plays a crucial role in shaping U.S. law and legal precedents. By selectively choosing which cases to review, the Court can address vital constitutional issues, clarify ambiguities in federal law, and resolve conflicting interpretations among lower courts. This selective approach means that significant legal principles may evolve based on the cases chosen, influencing how laws are interpreted and applied across the country.
• Evaluate how the practice surrounding writs of certiorari reflects broader trends in judicial power and federalism within the U.S. legal system.
  • The practice surrounding writs of certiorari illustrates the complex dynamics between judicial power and federalism in the U.S. legal system. By exercising its appellate jurisdiction selectively, the Supreme Court asserts its role as an arbiter of federal law while also considering state court decisions that may vary widely. This selective review process can both reinforce federal supremacy in certain areas and highlight tensions where state courts interpret laws differently. As such, it reflects broader trends in judicial power as well as ongoing debates about states' rights and their relationship with federal authority.

Related terms

Appellate Jurisdiction: The authority of a higher court to review and potentially overturn the decisions of lower courts.

Rule of Four:

A Supreme Court practice stating that at least four justices must agree to grant a writ of certiorari for a case to be heard.

Petition for Certiorari: A formal request submitted to the Supreme Court asking for a writ of certiorari to review a lower court's decision.