how the supreme court works

Petitioning the Supreme Court

The process by which parties ask the Supreme Court to review a lower court decision.

Role of Law Clerks

Assist justices by reviewing cases and helping place them on the docket.

Selecting Cases

One of the Supreme Court’s main responsibilities; deciding which cases it will hear.

Docket

The official list of cases scheduled to be heard by the Supreme Court.

Rule of Four

An unwritten rule requiring four Supreme Court justices to agree to grant certiorari for a case to be heard, usually involving a constitutional question.

Certificate

A procedure in which appellate courts, state supreme courts, or others request the Supreme Court to rule on a specific point of law.

Solicitor General

The person who represents the United States before the Supreme Court in all cases involving the federal government.

Oral Arguments

When lawyers speak directly to the justices, emphasizing key points from their written briefs.

Briefs

Written documents submitted before oral arguments that support one side of a case; oral arguments are limited to 30 minutes.

Amicus Curiae

“Friend of the Court”; a group or individual with an interest in a case’s outcome who submits a brief.

The Conference

A private meeting where justices discuss cases in depth and vote on decisions.

Opinions

Written explanations of Supreme Court decisions, including majority, concurring, plurality, and dissenting opinions.

Precedent

A legal principle established by a court decision that guides how similar future cases are decided.

Majority Opinion

The opinion agreed upon by most justices that sets precedent for future cases.

Plurality Opinion

When a majority agrees on the outcome of a case but not on the legal reasoning.

Concurring Opinion

An opinion that agrees with the majority decision but for different reasons.

Dissenting Opinion

Opinions written by justices who disagree with the majority decision.