How do I bring a case to the Supreme Court?

Asked by: Dandre Russel  |  Last update: December 12, 2025
Score: 4.7/5 (75 votes)

Parties who are not satisfied with the decision of a lower court must petition the U.S. Supreme Court to hear their case. The primary means to petition the court for review is to ask it to grant a writ of certiorari.

What qualifies a case to go to the Supreme Court?

California Supreme Court

It can review cases decided by the Courts of Appeal. Also, certain kinds of cases go directly to the Supreme Court and are not heard first in a Court of Appeal, such as: Death penalty appeals, and. Disciplinary cases involving judges.

What are three ways a case can reach the Supreme Court?

Typically, a case can make it up to the Supreme Court in one of three ways:
  • Appeal from a federal circuit court.
  • Appeal from a state supreme court.
  • Original jurisdiction.

Is it difficult to take a case to the Supreme Court?

The exceedingly small number of cases heard by the Supreme Court usually includes only those that “could have national significance, might harmonize conflicting decisions in the federal Circuit courts, and/or could have precedential value.”2 Getting a case heard by the Supreme Court of the United States (or SCOTUS) ...

What are most cases in the U.S. Supreme Court accepted by?

The United States Supreme Court cases accept most cases by a writ of certiorari.

How a case gets to the US Supreme Court

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What are the three types of Supreme Court decisions?

  • Majority Opinion. The majority opinion is an appellate opinion supporting the court's judgment (the result reached in the case) which receives a majority vote of the justices or judges hearing the case.
  • Concurring Opinion. ...
  • Dissenting Opinion. ...
  • About Appeals.

How do I contact the Supreme Court by email?

If a matter is after-hours and urgent, please send an email to pio@supremecourt.gov. Time- sensitive inquiries may be sent to individual addresses, but please copy the public information officer or deputy public information officer to make sure the email is seen. A follow-up phone call is advisable.

What is the most common way to get a case to the Supreme Court?

The primary means to petition the court for review is to ask it to grant a writ of certiorari. This is a request that the Supreme Court order a lower court to send up the record of the case for review.

What is the rule of four?

On the face of it, the Supreme Court's “Rule of Four” is straightforward. Where the justices have discretion as to whether to hear an appeal, at least four of the Court's members must vote to grant a writ of certiorari, which facilitates a full review on the merits.

Has a case ever gone directly to the Supreme Court?

Marbury filed suit directly in the Supreme Court, invoking the Court's original jurisdiction. In 1803, the Court ruled that Marbury's lawsuit was not a matter for original jurisdiction and that if the Judiciary Act of 1789 expanded the Court's authority, it was an unconstitutional exercise of congressional power.

What types of cases can be brought before the Supreme Court?

The Supreme Court has appellate jurisdiction over the following types of cases:
  • Appeals from Federal Circuit Courts or United States Court of Appeals for the Armed Forces.
  • Appeals from state courts of last resort on issues of federal constitutional or statutory law.

Can the president change the Supreme Court?

The President nominates someone for a vacancy on the Court and the Senate votes to confirm the nominee, which requires a simple majority. In this way, both the Executive and Legislative Branches of the federal government have a voice in the composition of the Supreme Court.

What must be exhausted before the Supreme Court hears a case?

The “highest court of a State” usually means the state's supreme court, but an appeal from a lower court can qualify if the appealing party has exhausted all available appellate options within the state system.

How long does the Supreme Court take to make a decision?

The time it takes to finalize an opinion depends on several factors, including how divided the Justices are, which justice is writing the opinion, and the court's schedule. Typically, all cases are decided by the time the court recesses for the summer at the end of June or the beginning of July.

How to win preponderance of evidence?

The preponderance of the evidence is the lowest standard of proof in a civil case. To prove something with this level of evidence, one must show that it is more likely than not for something to be true. This means that all things considered, it is more convincing than anything against it.

How to sit in on a Supreme Court case?

Where do I find information about courtroom seating and attending oral arguments? All argument and non-argument sessions are open to the public, but seating is limited. The Court is currently conducting a pilot program in which members of the public may apply for Courtroom seating through an online lottery.

What does the Supreme Court hear when considering a case?

A case may come to the Supreme Court from a U.S. Circuit Court of Appeals, which heard the initial appeal of the case. The Supreme Court also may review a case decided by the highest court in a state if it hinges on questions of federal law.

What is rule by four?

Rule by Four. Diocletian believed that four rulers would be better than one, so he created a tetrarchy (TEH-trahrk-ee), or "rule by four." The Eastern Roman Empire had an Augustus, or senior emperor, and a Caesar (SEE-zer), or junior emperor. The Western Roman Empire had an Augustus and a Caesar, too.

What is the writ of mandamus in law?

A ( writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion. See e.g. Cheney v. United States Dist.

Why is it so hard to get a case to the Supreme Court?

The Supreme Court prefers a case where the issue to be decided is properly preserved, cleanly presented, and outcome-determinative. Put differently, if the issue which divides the lower courts was waived, or moot, or if the case could easily be decided on alternative grounds, certiorari will likely be denied.

Can you go straight to the Supreme Court?

Except in certain cases, the California Constitution affords no right to appeal to the Supreme Court; review by the Supreme Court is a matter of discretion.

What are the two ways that cases arrive at the Supreme Court?

In what two ways do cases come to the Supreme Court? The main route to the Supreme Court is through a writ of certiorari. Certain cases reach the Court on appeal.

What power does the Supreme Court have?

The state Constitution gives the Supreme Court the authority to review decisions of the state Courts of Appeal (Cal. Const., art. VI, § 12). This reviewing power enables the Supreme Court to decide important legal questions and to maintain uniformity in the law.

How do I file a Supreme Court claim?

Paper remains the official form of filing at the Supreme Court. In addition, parties who are represented by counsel must submit electronic versions of filings through the electronic filing system. Documents that are submitted electronically will be made available on the Court's public docket free of charge.

Can you request to speak to a judge?

For most court cases, ex parte communication is strictly prohibited, as it can impact the decision of the case. If you are currently in a case, you are not permitted to contact a judge outside of the courtroom. Instead of contacting the judge directly, you can file a written motion.