Who decides if Scotus takes a case?
Asked by: Prof. Berenice Reilly | Last update: February 15, 2026Score: 4.6/5 (41 votes)
The nine Justices of the U.S. Supreme Court decide if they take a case through a process called granting "cert" (certiorari), requiring at least four of the nine Justices to vote to hear a petition. This decision happens in private conferences after reviewing written requests, often involving law clerks' summaries, with cases usually selected for their national importance or conflicting lower court rulings, not based on popularity.
Who decides if a case goes to the Supreme Court?
Typically, the Court hears cases that have been decided in either an appropriate U.S. Court of Appeals or the highest Court in a given state (if the state court decided a Constitutional issue). The Supreme Court has its own set of rules. According to these rules, four of the nine Justices must vote to accept a case.
Do Republicans or Democrats control the Supreme Court?
The U.S. Supreme Court currently has a 6-3 majority of Republican-appointed justices, making it a conservative-leaning court, a balance solidified by appointments from Presidents George W. Bush, Donald Trump, and a shift after the passing of Justice Ruth Bader Ginsburg, with only three justices appointed by Democrats. This conservative supermajority typically consists of Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett, while the liberal wing includes Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson.
Who decides if the Supreme Court will hear a case?
The Justices then make a final decision as to whether they will consider the case. If they decide to hear a case, they will issue a writ of certiorari. If the Court chooses to hear your case, you are known as the petitioner, and the other party is the respondent.
How does Scotus decide to take a case?
A decision to review is made at the court's weekly conference—at which over 250 petitions are usually considered—if at least four justices vote to accept a particular case for review.
Supreme Court Delivers 9–0 Unanimous Ruling With Major Constitutional Impact (What Comes Next)
Can a president overturn a Supreme Court decision?
No, the President cannot directly overturn a Supreme Court decision; only the Court itself (through a new ruling), the Constitution (via amendment), or new legislation by Congress can overturn a major ruling, though Presidents can try to influence future decisions by appointing new justices or challenge rulings through appeals, and historically, some have selectively enforced or ignored certain rulings, as seen with Lincoln and the Dred Scott case.
Who is more powerful, a judge or a prosecutor?
While judges have authority in the courtroom and over sentencing, prosecutors are generally considered more powerful because they control the initial charging decisions, plea bargains, and evidence disclosure, shaping the vast majority of criminal cases before they even reach a trial, giving them immense leverage over outcomes. Prosecutors decide who to charge, what to charge them with, and what plea deals to offer, often with limited public oversight, making them the most influential figures in the justice system.
Does the President have any control over the Supreme Court?
The president nominates Supreme Court justices, but the Senate has the sole power to confirm those appointments.
Who has more power, a judge or a DA?
A District Attorney (DA) often wields more practical power in shaping criminal case outcomes than a judge, as DAs decide whether to file charges, what charges to file, and influence plea bargains and sentences, while judges primarily ensure legal fairness and have final say on sentencing, though their discretion can be limited by mandatory minimums, shifting power to prosecutors. Judges oversee proceedings and rule on legal matters, but the vast majority of cases end in plea deals where the prosecutor's initial charging decisions and plea offers are paramount.
Why didn't Obama get to nominate a Supreme Court judge?
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 Congress get rid of the Supreme Court?
“No provision in the Constitution gives [Congress] the authority to regulate the Supreme Court, period,” Justice Alito told the Wall Street Journal in 2023.
How many judges did Trump appoint to the Supreme Court?
As of January 8, 2026 the United States Senate has confirmed 261 Article III judges nominated by Trump: three associate justices of the Supreme Court of the United States, 60 judges for the United States courts of appeals, 195 judges for the United States district courts, and three judges for the United States Court of ...
Is Samuel Alito conservative or liberal?
Alito has called himself a "practical originalist" and is a member of the Court's conservative bloc. He has been described as one of the Court's "most conservative justices".
Who can supersede the Supreme Court?
Congress can influence and limit the judicial branch, and the judiciary can check Congress's powers. Legislative Branch's Checks on the Judicial Branch: Impeachment power: Congress can impeach and remove federal judges, including Supreme Court justices, for misconduct.
Can the President change the number of Supreme Court justices?
No, the President cannot directly change the number of Supreme Court Justices; only Congress has that power by passing a law, but the President must sign that law for it to take effect, meaning both branches must agree, as seen with the Judiciary Act of 1869 fixing the number at nine. While presidents appoint justices, they can only fill existing vacancies or new ones Congress creates, as the Constitution doesn't set the court's size, allowing Congress to adjust it as a legislative check.
Do judges have more power than the President?
Federal laws, for example, are passed by Congress and signed by the President. The judicial branch, in turn, has the authority to decide the constitutionality of federal laws and resolve other cases involving federal laws. But judges depend upon the executive branch to enforce court decisions.
Can a judge overrule a jury in the US?
In any trial the judge is the ultimate decision maker and has the power to overturn a jury verdict if there is insufficient evidence to support that verdict or if the decision granted inadequate compensatory damages.
Who is the most powerful person in a courtroom?
While the Judge holds significant authority within the courtroom by managing proceedings, ruling on evidence, and ensuring order, the Prosecutor is often considered the single most powerful figure in the U.S. criminal justice system because they decide whether to file charges, what charges to bring, and influence plea bargains, ultimately controlling the case's direction and potential outcomes more than the judge can.
Can a judge overrule a prosecutor's decision?
Yes, a judge can overrule a prosecutor in many ways, such as rejecting plea bargains, ruling on evidence objections, and even overturning jury verdicts if evidence is insufficient, acting as a neutral referee to ensure fair procedure, although prosecutors hold significant power in initiating cases and deciding charges. Judges maintain control over the courtroom, decide on legal issues, and ultimately determine sentences or accept agreements, balancing prosecutorial power.
Who has more power, Congress or the Supreme Court?
Congress makes laws, but the Courts interpret them. The Supreme Court decides if a law fits the meaning of the Constitution.
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.
Did President Biden appoint any Supreme Court justices?
The total number of Article III judges nominated by Biden and confirmed by the United States Senate was 235, including one associate justice of the Supreme Court of the United States, 45 judges for the United States courts of appeals, 187 judges for the United States district courts and two judges for the United States ...
Who is more powerful than a lawyer?
Advocates typically have more power in legal proceedings because they can argue cases in court, whereas lawyers without bar registration cannot.
Why are judges immune from prosecution?
Whilst scholars disagree on the exact history of judicial immunity at common law, most generally agree that its key purposes include preserving the impartiality of the judge, and avoiding attacks on judicial officers as an alternative or a bypass to appeals.
Is it better to be judged by a jury or judge?
The Nature of the Defense
Emotional Appeals – Juries are often more sympathetic to defendants who claim unfair prosecution or mitigating circumstances. Multiple Defendants – Judges may be better at compartmentalizing evidence against different co-defendants, reducing the risk of guilt by association.