What is the process for seeking review by the U.S. Supreme Court?

The process for seeking review by the U.S. Supreme Court begins with filing a petition for writ of certiorari (otherwise known as a “cert petition”) with the Court. This petition is a formal request to the Court asking it to review a lower court’s decision. In order to be accepted, a cert petition must present significant legal questions that are suitable for the Court to resolve. The Court receives a large number of cert petitions each year, but only grants a small number of them. If the Court decides to review the petitioner’s case, it will issue a writ of certiorari ordering the lower court to provide the Court with the record of the case. The petitioner will then be required to file a brief in opposition to the lower court’s decision, and the opposite party has an opportunity to respond in a brief of their own. After the briefs have been filed, the Court will set the case for oral argument. The parties will have an opportunity to present their arguments before the justices and the Court will ultimately issue an opinion that either affirms or reverses the lower court’s decision. If the Court denies the petitioner’s cert petition, the lower court’s decision will stand and the petitioner’s case is finished. However, depending on the circumstances, the petitioner may have the option to file a petition for rehearing or rehearing en banc. Rehearing requests are rarely granted, but they may be successful if the petitioner can demonstrate that the Court overlooked important issues that were raised in the cert petition.

What is the process for seeking review by the U.S. Supreme Court?

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