What is certiorari meaning in law?
Asked by: Kaci Schuster | Last update: June 9, 2026Score: 4.4/5 (37 votes)
In law, certiorari (often shortened to "cert") refers to an order from a higher court (like the U.S. Supreme Court) to a lower court to send up the records of a case for review, allowing the higher court to decide whether to hear an appeal, as these cases are usually not appeals as a matter of right but are discretionary. It's Latin for "to be more fully informed," and it's the primary way parties seek review from the Supreme Court, which receives thousands of these petitions but grants review to only a small fraction, typically requiring four justices' approval (the "Rule of Four").
What does certiorari mean in simple terms?
Certiorari (sersh-ee-oh-rar-ee) is a formal order from a higher court (like the U.S. Supreme Court) to a lower court, demanding it send up the records of a case for review, allowing the higher court to decide if it will hear the appeal. It's Latin for "to be informed of," and it's how most cases reach the Supreme Court, which isn't required to hear them but will if at least four justices agree, often for cases with national significance or conflicting lower court rulings.
What happens when certiorari is granted?
In the Supreme Court, if four Justices agree to review the case, then the Court will hear the case. This is referred to as "granting certiorari," often abbreviated as "cert." If four Justices do not agree to review the case, the Court will not hear the case. This is defined as denying certiorari.
What happens when a writ of certiorari is denied?
The denial of a petition for writ of certiorari does not have any effect on the case. The lower court's judgment still stands.
How many justices does it take to grant a writ of 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.
What is Certiorari? [legal terminology explained]
How long does the certiorari process take?
The justices generally consider the petition, the brief in opposition and the petitioner's reply brief roughly a month after the brief in opposition is submitted, although there are some windows during the year – most notably, from late June until late September – when the justices do not regularly meet to consider ...
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.
Who can overturn a U.S. Supreme Court decision?
A Supreme Court decision can be overturned by the Supreme Court itself in a later case (stare decisis), through a constitutional amendment passed by Congress and states, or if Congress passes new legislation to clarify or change the law the Court interpreted (for statutory, not constitutional, rulings). While the Court is the ultimate interpreter of the Constitution, these mechanisms allow for changes in interpretation or law over time.
Can the president change the number of Supreme Court Justices?
No, the President cannot unilaterally change the number of Supreme Court Justices; that power belongs to Congress, which can pass a law (like the Judiciary Acts) to alter the size, and the President would then sign it, but the President cannot just add justices on their own. Congress sets the number of justices, and while historically it's been nine since 1869, they have the constitutional authority to change it through legislation, though doing so for purely political reasons (like "court packing") is controversial and has never succeeded, notes Stevens & Lee and NBC News.
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.
How much do justices get paid?
Justice salaries vary significantly by jurisdiction and court level, with U.S. Supreme Court Justices earning around $285,000-$298,000 (Chief Justice higher), while state and lower court judges can range from under $200,000 to over $250,000 annually, depending on state, experience, and cost-of-living adjustments, as exemplified by examples from Pennsylvania, Nebraska, and Washington, notes National Taxpayers Union, Federal Judicial Center, Nebraska Legislature, Pennsylvania Code, and Washington Citizens' Commission on Salaries for Elected Officials.
What cases qualify for 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 is another word for certiorari?
There isn't a single direct synonym for certiorari, as it's a specific legal writ ordering a lower court to send up records for review, but related terms include writ of review, leave to appeal, certification for appeal, or simply appeal in broader terms, with "writ of certiorari" itself being the most common phrasing for this high court request, especially for the U.S. Supreme Court.
Who decides if certiorari is granted?
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 is the purpose of certiorari?
Certiorari is used to bring up into the High Court the decision of some inferior tribunal or authority in order that it may be investigated. If the decision does not pass the test, it is quashed – that is to say, it is declared completely invalid, so that no one need respect it.
Why couldn't Obama appoint a Supreme Court justice?
With the death of Antonin Scalia in February 2016 in the beginning of a presidential election year, the Republican majority in the Senate made it their stated policy to refuse to consider any nominee to the Supreme Court, arguing that the next president should be the one to appoint Scalia's replacement.
Can Democrats change the Supreme Court?
The Constitution provides a clear path for both parties to nominate Supreme Court Justices – nobody gets an advantage. Since President Franklin Roosevelt took office, 21 Supreme Court Justices have been confirmed under a Republican President and 21 have been confirmed under a Democratic President.
Who can remove the judge from the Supreme Court?
Only the U.S. Congress can remove Supreme Court Justices and other federal judges through the impeachment process: the House of Representatives impeaches (charges), and the Senate convicts and removes, requiring a two-thirds vote for conviction. Justices hold office for life during "good behavior," meaning removal only happens for serious misconduct like treason, bribery, or other high crimes and misdemeanors.
Has any president ignored a Supreme Court ruling?
Yes, presidents have ignored or defied Supreme Court rulings, most famously Andrew Jackson with the Cherokee Nation (Trail of Tears) and Abraham Lincoln by suspending habeas corpus, but this is rare and often leads to constitutional crises, with recent instances involving defiance in deportation cases under the Trump administration. Other examples include governors defying rulings on segregation (Faubus, Barnett) and FDR's stance on military tribunals, highlighting ongoing tensions between executive power and judicial authority.
What two actions could Congress take to undo a Supreme Court ruling?
Federal courts, including the Supreme Court, have the authority to interpret the law and the Constitution. Once a court has made a ruling, Congress cannot simply reverse that decision. Congress can respond to court decisions by passing new legislation or amending existing laws.
Who has the power to remove a US Supreme Court justice?
Article III states that these judges “hold their office during good behavior,” which means they have a lifetime appointment, except under very limited circumstances. Article III judges can be removed from office only through impeachment by the House of Representatives and conviction by the Senate.
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.
Who is the current Chief Justice?
John G. Roberts, Jr., Chief Justice of the United States,
was born in Buffalo, New York, January 27, 1955.
How many clerks does a justice have?
In 1970 most of the justices hired three clerks and, in 1980, Congress authorized all the justices to employ as many as four clerks. Scholars found that as the numbers of clerks increased, so did the number of words in decisions, footnotes, and citations to other cases.