What is the process for seeking review by the U.S. Supreme Court?
The process for seeking review by the U.S. Supreme Court is often a long and complicated process. First, a case must be heard at the appellate court level in South Carolina. The decision of the appellate court, either affirming or reversing the lower court’s ruling, is the final decision unless a party wishes to take the case to the U.S. Supreme Court. In order to do this, the party must first file a petition for certiorari or writ of certiorari, which is an official request to the Supreme Court to review the lower court’s decision. The other party may also file a response to the petition. The filing party must pay a fee and if the Court agrees to hear the case, a further fee is required. The Supreme Court then reviews the arguments of both sides and decides whether to accept the case or not. If accepted, the parties must then present oral arguments before the Justices. The Court then issues its opinion, which may agree with the decision of the appellate court or reverse it. Scheduling a case before the U.S. Supreme Court is an involved process, and the Court may not accept every case. Additionally, the court may also decide to remand the case back to the appellate court or the lower court for further proceedings.
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