Under what circumstances will the US Supreme Court issue a writ of certiorari?
Asked by: Dr. Isabell Schmidt | Last update: February 17, 2026Score: 4.8/5 (70 votes)
The U.S. Supreme Court issues a writ of certiorari, agreeing to hear a case, under specific circumstances, primarily when there are compelling legal reasons like a circuit split (conflicting federal appellate decisions) or an important federal question that needs settling, impacting national significance, or when lower courts have departed from established law, with at least four justices needing to agree (the "Rule of Four") to grant review. It's discretionary, not a right, typically involving cases from U.S. Courts of Appeals or state supreme courts that raise crucial federal law or constitutional issues.
When would the U.S. Supreme Court issue a writ of certiorari?
The U.S. Supreme Court will grant a writ of certiorari to cases that have national significance and precedential value that harmonize different rulings in the federal and state courts. The Court typically accepts 100 to 150 cases out of the more than 7,000 cases that file a petition every year.
What are the grounds on which a writ of certiorari can be issued?
Grounds for Seeking Certiorari
Error of Law: If there is an alleged error of law in the judgment of the lower court, such as incorrectly interpreted or applied the law, resulting in an unjust or erroneous decision, that could have significant consequences then a party may seek this writ to correct that error.
What is required for a writ of certiorari?
A petition for a writ of certiorari to review a case pending in a United States court of appeals, before judgment is entered in that court, will be granted only upon a showing that the case is of such imperative public importance as to justify deviation from normal appellate practice and to require immediate ...
In which of the following situations is the Supreme Court most likely to grant certiorari?
The Court may be more likely to grant a writ of certiorari if lower courts have reached clashing decisions on the issue, or if it has broad national significance. Granting a writ of certiorari does not necessarily mean that the Court thinks that the lower court was wrong.
How Does a Writ of Certiorari Work in the U.S. Supreme Court? - Justice System Explained
What is the rule of four in certiorari?
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.
What are common reasons certiorari is denied?
Even in the face of a clear split among the courts of appeals on an important legal issue, if other issues may impact the ultimate outcome of the case, the Supreme Court will often deny certiorari and wait for a case where the issue is case-dispositive.
How many days to file a writ of certiorari?
You must file your petition for a writ of certiorari within 90 days from the date of the entry of the final judgment in the United States court of appeals or highest state appellate court or 90 days from the denial of a timely filed petition for rehearing.
What are the grounds in a writ petition?
Common grounds include violations: "The right to life, liberty, equality, and freedom of speech are fundamental human rights that should be protected and upheld." It is essential to file the writ petition in the correct court, either in a High Court or the Supreme Court, based on the nature of the case.
How to win a writ of certiorari?
Award-winning criminal appeals lawyer, Aaron Spolin, explains how his firm Spolin & Dukes P.C. wins a Petition for Writ of Certiorari: “We use these strategies: (1) show there is a disagreement among lower courts; (2) show this is an issue of national importance or wide application; (3) show there was reversible legal ...
What makes a case worthy of certiorari?
Writs of Certiorari
The Court usually is not under any obligation to hear these cases, and it usually only does so if the case could have national significance, might harmonize conflicting decisions in the federal Circuit courts, and/or could have precedential value.
What are the requirements for certiorari petition?
A petition for certiorari must be filed not later than sixty (60) days from notice of the judgment, order, or resolution sought to be assailed. If a motion for reconsideration or new trial is timely filed, the 60-day period is reckoned from the notice of the denial of that motion.
What are the conditions necessary to issue a writ of certiorari?
"1. There should be a tribunal or an officer having legal authority to determine questions affecting rights of subjects and having a duty to act judicially." This condition is fundamental. A writ of certiorari is directed towards bodies or officers exercising judicial or quasi-judicial functions.
What are the odds a case will be granted a writ of certiorari?
Most attorneys know that only about 1 in 100 petitions for certiorari are granted.
How hard is it to overturn a Supreme Court ruling?
When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or by a new ruling of the Court.
Is there a limitation period for filing a writ?
Under the Indian legal system, there is no time limit prescribed to file a writ petition before the relevant courts. However, it must be noted that in various judgements, the courts have observed that the aggrieved party should move the courts within a reasonable time.
What is the 8.500 rule?
(1) A petition for review must be served and filed within 10 days after the Court of Appeal decision is final in that court. For purposes of this rule, the date of finality is not extended if it falls on a day on which the office of the clerk/executive officer is closed.
What happens if the Supreme Court denies a writ of certiorari?
The denial of a petition for writ of certiorari does not have any effect on the case. The lower court's judgment still stands. Further, denial of cert. is not a stamp of approval by the higher court of the judgment in the lower court.
How often is a writ of certiorari granted?
In most circumstances, the Supreme Court has discretion whether or not to grant review of a particular case. Of the 7,000 to 8,000 cert petitions filed each term, the court grants certiorari and hears oral argument in only about 80. Granting a cert petition requires the votes of four justices.
When can a writ petition be rejected?
✔️ Yes — High Courts have the discretion to refuse to entertain a writ petition under Article 226 in several circumstances such as the presence of an alternative remedy, delay in filing, disputed facts, frivolous petitions, or interference with policy decisions.
What did the Supreme Court rule on Trump's immunity?
In an opinion concurring in part, Justice Amy Coney Barrett agreed in granting presidential immunity for the core constitutional powers of a president, arguing that such immunity meant that a president could obtain interlocutory review of the "constitutionality of a criminal statute as applied to official acts".
What is the rule 65 period for certiorari?
Under Section 4, Rule 65 Revised Rules of the Civil Procedure, as amended by AM No. 07-7-12-SC, petitions for certiorari must be filed strictly within 60 days from notice of the judgment or order denying their motion for reconsideration.
How many votes are needed for certiorari?
If the full Court acts on an application, five Justices must agree in order for the Court to grant a stay, but the votes of only four Justices are required to grant certiorari.