Why would only 4 9 Justices be needed to grant certiorari?
Asked by: Kallie Hammes | Last update: December 22, 2025Score: 4.9/5 (70 votes)
The rule of four is a US Supreme Court practice that permits four of the nine justices to grant a writ of certiorari. It has the specific purpose to prevent a majority of the Court's members from controlling their docket.
How many judges do you need to grant 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.
Is a vote of 4 US Supreme Court justices needed in order to grant certiorari of a case?
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.
How many out of the 9 justices are needed to grant certiorari?
The justices use the “Rule of Four” to decide if they will take the case. If four of the nine justices determine that a case has merit, they will issue a writ of certiorari. This is a legal order from the high court for the lower court to send the records of the case to them for review.
What is the minimum number of justices necessary to issue a writ of certiorari?
According to these rules, four of the nine Justices must vote to accept a case. Five of the nine Justices must vote in order to grant a stay, e.g., a stay of execution in a death penalty case. Under certain instances, one Justice may grant a stay pending review by the entire Court.
Decoding the Writ of Certiorari: How Cases Reach the Supreme Court
What reasons could there be for the requirement of four justices?
The rule of four is a US Supreme Court practice that permits four of the nine justices to grant a writ of certiorari. It has the specific purpose to prevent a majority of the Court's members from controlling their docket.
What is the rule of 4%?
The 4% rule states that you should be able to comfortably live off of 4% of your money in investments in your first year of retirement, then slightly increase or decrease that amount to account for inflation each subsequent year.
Can there only be 9 Justices?
The Judiciary Act of 1869 fixed the number of Justices at nine and no subsequent change to the number of Justices has occurred. Do the Justices have any responsibilities other than hearing and deciding cases?
How many Justices must grant certiorari in order for a case to be heard?
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 percent of the petitions of certiorari are denied?
The Court receives approximately 5,000 to 6,000 petitions for writs of certiorari each year. Roughly 97 percent of this number may be and are denied at a preliminary stage, without joint discussion among the Justices, as lacking any reasonable prospect of certiorari review.
What is required for a writ of certiorari to be granted?
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 implications of allowing four justices instead of a majority of five to place a case on the court's agenda (the so called rule of four)?
However, the rule of four is unique in that it is a positive power—a determined minority of justices can force the Court to hear and decide a case and, in the process, set binding precedent.
Which president has appointed the most Supreme Court justices?
George Washington holds the record for most Supreme Court nominations, with 14 nominations (12 of which were confirmed).
What is the rule of 4 certiorari?
The “rule of four” is the Supreme Court's practice of granting a petition for review only if there are at least four votes to do so. The rule is an unwritten internal one; it is not dictated by any law or the Constitution.
What is meant by the rule of 4?
: a rule in the U.S. Supreme Court under which a petition for certiorari will be granted and the case in question reviewed if four of the nine justices so decide.
What is the standard for granting 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 ...
Why does the rule of 4 exist?
The Rule of Four applies to situations in which the votes of four Justices are required to take some action-for example, to grant a writ of certiorari or to hold a case pending the outcome of another case before the Court.
What happens if a writ of certiorari is denied?
Denying cert.
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. It merely means that the higher court does not find the legal issues raised in the petition to be important enough to consider at that time.
What determines whether a petition for certiorari will be granted?
The Supreme Court will grant review and hear oral argument if at least four justices vote to do so.
When did the Supreme Court change to 9 Justices?
Congress's decision was short-lived, however; SCOTUS shrank only to eight justices before the 1869 decision to set the number to nine. Not coincidentally, this was the same year that Andrew Johnson ceased to be president.
Who has the power to change the size of the Supreme Court?
The Constitution does not stipulate the number of Supreme Court Justices; the number is set instead by Congress. There have been as few as six, but since 1869 there have been nine Justices, including one Chief Justice.
Who was the first woman named to the Supreme Court?
As the first woman to serve on the Supreme Court of the United States, Sandra Day O'Connor became an inspiration to millions.
How long will $1 million last in retirement?
A report on Yahoo Finance states that if you have $1 million in savings, it would last approximately 22 years, 2 months, and 14 days, with an annual healthcare cost of $6,618.35 and total annual expenditures of $45,011.10.
Why the 4% rule is outdated?
Market risk: “Past performance doesn't guarantee future results. Unprecedented events, such as prolonged periods of inflation or market crashes, may occur, and the 4% rule may not adequately account for such fluctuations. Market conditions today differ significantly from those of the 1980s,” she said.
What is the law of four?
77. The Law of Four. There are four main issues to be decided upon in any negotiation; everything else is dependent on these. There may be dozens of details to be ironed out in a complex agreement, but the success or failure of the negotiation will turn on no more than four issues.