The Supreme Court reviews many cases each year, but before hearing any arguments, an entire process must play out to decide whether a case even lands on the docket.
The Court has two jurisdictions: original and appellate. Appellate jurisdiction gives it the authority to review the decisions of lower courts. Nearly all the Supreme Court’s cases come from this jurisdiction, specifically through petitions for a writ of certiorari, a request asking the Court to review a lower court’s decision. More than 7,000 petitions are filed yearly, but the Court grants review in only about 100 to 150 cases.
The Court has had a lot of freedom in deciding whether to grant or deny these petitions since the Judiciary Act of 1925, also known as “the judges’ bill.” It generally takes only four of the nine justices to agree to hear a case, and several factors may influence whether a petition is granted. The Court has rules listing things that make a case worthy of certiorari, but none guarantee a review.
One of the most common reasons for granting a review is when different federal appeals courts or state supreme courts have reached conflicting decisions on the same legal question. The second reason is when novel or significant constitutional questions arise, especially those with national importance. Third, if a lower court departs from or misapplies an existing Supreme Court ruling, the justices may review the case. The Court may also consider a case worthy of review if the federal government is the petitioner.
Some cases also reach the Court through original jurisdiction, which means the Court is the first, and only, Court to hear a case. They don’t go through the petition process and are rarer than appeals. The Constitution limits original jurisdiction to cases involving disputes between the states or arising among ambassadors, consuls, and other public ministers. Most of the cases the Supreme Court hears are appeals from lower courts.
