What is the process for seeking review by the U.S. Supreme Court?
The process for seeking review by the U.S. Supreme Court in Texas is lengthy and complex. When a case has been decided on appeal by the Texas Supreme Court or a court of appeals, a party may file a petition for review with the U.S. Supreme Court. This petition must be filed within 90 days of the final judgment by the Texas court. When a petition for review is denied, a party may file a writ of certiorari with the U.S. Supreme Court. A writ of certiorari is a formal request to review the decision of the lower court. A writ of certiorari must be filed within a certain window of time, and the U.S. Supreme Court has discretion to accept or deny the petition. If a writ of certiorari is accepted by the U.S. Supreme Court, a briefing schedule will be set, and both sides must submit written briefs. The U.S. Supreme Court will then hear oral argument from counsel for each side. After all briefing and argument is complete, the U.S. Supreme Court will issue a written opinion. This opinion is binding in every court in the nation and may change the outcome of a case. In summary, the process for seeking review by the U.S. Supreme Court in Texas involves the filing of a petition for review and/or a writ of certiorari, submission of briefs, and oral argument before the justices of the U.S. Supreme Court.
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