1. Ch. 12
The Supreme Court

2. Petitions Stage: by what Routes can
Cases Reach the Supreme Court?
1) Petition for Writ of Certiorari – most common
• Supreme Court has discretionary power to grant or deny
1) On Appeal – less common
• Petitioner files a “jurisdictional statement” arguing that
the Supreme Court has appellate jurisdiction – usually
regards whether a state law is unconstitutional.
• Supreme Court may hear case or dismiss, affirm or
reverse the lower court’s decision.
1) Original Jurisdiction – rare
• Only cases involving ambassadors or agents of other
countries, or cases between states

3. By What Procedure do Justices
Decide Which Cases to Hear?
1) Clerks (usually) look at all petitions, summarize them
and note which seem worthy of consideration.
2) Chief justice puts about a third of cases received on
a “discuss list.”
3) Chief justice may “invite” solicitor general to submit a
brief about a case that involves the federal gov’t.
4) Friday Conference – justices discuss these cases.
5) “Rule of Four” – if four of them want to accept a
case, it is accepted.
6) Judges decide whether to issue a quick per curiam
decision on the basis of written materials or hear the
full case.

4. By What Criteria do Justices Judge
Whether Cases Should be Heard?
• The decision will make a difference – not just a
theoretical point of law.
• Plaintiff must have suffered actual harm.
• Case must involve a substantial federal question – it
must involve many people, or the operation of the
government, or the interpretation of a law.
• It must not be a political issue that should be decided
by legislation.
• Solicitor general has requested it.
• Involves disagreement between lower courts.
• High level of public interest as determined by number
of amicus curiae briefs filed.

5. What are the Steps in a Full Hearing?
1) Petitions Stage (as already described)
2) Merits Stage
• Submitting briefs, sometimes called “merit briefs”
• Amicus Curiae briefs may be submitted also
1) Oral Arguments – 30 min. per side
2) The Conference – Wednesdays and Fridays
• Secret!!
1) Writing the Opinion – during two recess weeks
• Writer of majority opinions assigned by Chief Justice
• Others may write dissenting or concurring opinions

6. Solicitor General
• Federal government is involved in about two-thirds of
all Supreme Court cases.
• SG is the litigating attorney for the federal government.
• SG is considered the highest office for a practicing
lawyer in the US.
• SG advocates for the views of the president.
• When the SG requests that a petition for writ of
certiorari be granted, it often is.
• SG or staff file amicus curiae briefs in most cases
involving the federal government.
• SG is before the Supreme Court so often that he or
she is nicknamed the “10th Justice”
• SG is the 4th ranking officer in the Dept. of Justice; has
offices both at the DOJ and the Supreme Court.

7. Solicitor General
• Federal government is involved in about two-thirds of
all Supreme Court cases.
• SG is the litigating attorney for the federal government.
• SG is considered the highest office for a practicing
lawyer in the US.
• SG advocates for the views of the president.
• When the SG requests that a petition for writ of
certiorari be granted, it often is.
• SG or staff file amicus curiae briefs in most cases
involving the federal government.
• SG is before the Supreme Court so often that he or
she is nicknamed the “10th Justice”
• SG is the 4th ranking officer in the Dept. of Justice; has
offices both at the DOJ and the Supreme Court.