How the Supreme Court decides which cases it wants to hear including both procedural and decision making elements

1. Appellate CourtsAppellate Courts
Deciding What to DecideDeciding What to Decide

2. The Supreme Court andThe Supreme Court and
Discretionary JurisdictionDiscretionary Jurisdiction
 The writ of certiorariThe writ of certiorari
 The Judiciary Act of 1925The Judiciary Act of 1925
 The 1988 Act to Improve the Administration of JusticeThe 1988 Act to Improve the Administration of Justice
 Caseload – 8,000 cases/yearCaseload – 8,000 cases/year

3. The Screening ProcedureThe Screening Procedure
 Appeal FiledAppeal Filed
 Paid vs. Unpaid casesPaid vs. Unpaid cases

4. The Screening Procedure (cont’d)The Screening Procedure (cont’d)
 Response from RespondentResponse from Respondent
 Initial Screening and Law ClerksInitial Screening and Law Clerks
 The Cert. PoolThe Cert. Pool
 The Discuss ListThe Discuss List
 The Dead ListThe Dead List

5. The Screening Procedure (cont’d)The Screening Procedure (cont’d)
 Conference DiscussionConference Discussion
and Further Screeningand Further Screening
 Rule of FourRule of Four
 Join-3 votesJoin-3 votes
 DIG’sDIG’s

6. The Screening Process (cont’d)The Screening Process (cont’d)
 Report to ClerkReport to Clerk
 Clerk Notification toClerk Notification to
PartiesParties
 Petitioner Files BriefsPetitioner Files Briefs
on the Meritson the Merits
 Respondent FilesRespondent Files
Briefs on the MeritsBriefs on the Merits
 Clerk SchedulesClerk Schedules
Case for OralCase for Oral
ArgumentArgument

7. Factors that Influence Cert.Factors that Influence Cert.
DecisionsDecisions
 FormalFormal
 http://www.supremecourtus.gov/ctrules/2007rulesofthecourhttp://www.supremecourtus.gov/ctrules/2007rulesofthecour
 Rule 10Rule 10
 Cases presenting inter-circuit conflictsCases presenting inter-circuit conflicts
 Cases presenting conflicts between state courts of last resortCases presenting conflicts between state courts of last resort
and a circuit courtand a circuit court
 Cases raising important questions of lawCases raising important questions of law
 Court of appeals has departed from “the usual course ofCourt of appeals has departed from “the usual course of
judicial proceedings”judicial proceedings”
 Court feels it must have the final word on an importantCourt feels it must have the final word on an important
questionquestion
 A conflict is perceived between a lower-court decision and aA conflict is perceived between a lower-court decision and a
Supreme Court precedentSupreme Court precedent

8. Factors that Influence Cert.Factors that Influence Cert.
Decisions (cont’d)Decisions (cont’d)
 InformalInformal
 Cue TheoryCue Theory
 Civil Liberties IssuesCivil Liberties Issues
 Disagreement Among Judges of Lower CourtDisagreement Among Judges of Lower Court
 Federal government as a petitionerFederal government as a petitioner
 Strategic BehaviorStrategic Behavior
 Reversal Voting (Error Correcting)Reversal Voting (Error Correcting)
 Outcome PredictionOutcome Prediction
 Aggressive GrantsAggressive Grants
 Defensive DenialsDefensive Denials

9. Factors that Influence Cert.Factors that Influence Cert.
Decisions (cont’d)Decisions (cont’d)
 Other Means for DenialOther Means for Denial
 Standing doctrineStanding doctrine
 RipenessRipeness
 MootnessMootness
 Political QuestionsPolitical Questions
 Rest on stare decisisRest on stare decisis

10. What Do Cert. Decisions Mean?What Do Cert. Decisions Mean?
 Decision is CorrectDecision is Correct
 Decision is not controversialDecision is not controversial
 Case is unimportantCase is unimportant
 Case is complicated/awkwardCase is complicated/awkward
 NothingNothing

11. Application to a Real Life ExampleApplication to a Real Life Example
 Why don’t they just tell us why they deniedWhy don’t they just tell us why they denied
the case?the case?

12. Overall PointsOverall Points
 Whether certiorari is granted is largelyWhether certiorari is granted is largely
determined by who sits on the courtdetermined by who sits on the court
 There are no set rules guiding theThere are no set rules guiding the
conditions upon which the Court mustconditions upon which the Court must
grant or deny cert.grant or deny cert.