How A Case Researches The Supreme Court

2 Pages 556 Words

The vast majority of cases reach the Supreme Court only as appeals from lower federal court decisions or from the highest state court. These cases come to the Supreme Court in one of two ways – on appeal or by writ of certiorari. A few cases start at the Court because they fall under its original jurisdiction. When petitions for certiorari come to the Court, the justices or their clerks identify cases worthy of consideration and then place them on a list. At a conference, the justices review and discuss the selected cases, and then vote on which cases to accept for decision. When the justices accept a case, they also decide either to ask for more information from the opposing lawyers or to rule quickly on the information that was provided. Cases decided without further information are either returned to the lower court for a decision or announced with a per curiam opinion. After the Court accepts a case, the lawyers on each side submit a brief. After the briefs are filed, a lawyer for each side is asked to present a thirty minute oral argument before the Court, in which he or she summarizes the key points of the case. On Fridays, the justices meet in conference to discuss and decide the cases they have heard. Then, the Court issues a written opinion stating the facts of the case, announcing the Court’s ruling, and explaining its reasoning in reaching the decision.
Some people criticize the fact that the Supreme Court is not very democratic because nine people speak for the entire country. These individuals, critics argue, are ultimately responsible for settling disputes and interpreting the meaning of laws. Through judicial review, they examine the laws of local, state, and national governments and cancel them if they violate the Constitution. The Court may also review Presidential and Congressional policies. In addition, when the Court applies the law to specific disputes it often determines what national poli...