How Do Cases Come to the Supreme Court of the United States?

The United States Supreme Court, the highest court in the nation, handles a limited number of cases each year. There are primarily two ways a case reaches the Supreme Court, and only a small fraction of the cases petitioned actually make it to the highest court.

The Petition of Certiorari

The most common way for cases to be heard by the Supreme Court is via a Petition of Certiorari. These petitions are submitted by a party who lost at the court of appeals and seeks a review of their case. The Supreme Court has discretion over the cases it takes, evaluating them for their significance to the nation or the economy. In practice, the Court only hears about 70-80 cases each year, representing only a tiny fraction of the petitions it receives.

Petition Submission and Process

The process of submitting a case to the Supreme Court begins by petitioning the court for a Writ of Certiorari. When a final judgment is made in a lower court, such as a state supreme court or a federal circuit court, the losing party (or any party with a significant interest) may file a petition for review. The petition is a hybrid document that explains why the case was wrongly decided and why it should be granted review by the Supreme Court.

Informa Pauperis

In practice, the Supreme Court occasionally hears cases from individuals who cannot afford representation. These petitions are called in forma pauperis and are submitted by individuals with a low socioeconomic status. The Court’s clerks and law clerks review thousands of such petitions, often prepared with basic tools like pencil and paper. The Court often rediscovers legal issues through these petitions and may invite prominent lawyers to volunteer in these cases.

Famous Examples

One of the most famous cases heard through an in forma pauperis petition is Gideon v. Wainwright. This case involved an older criminal who wrote to the Supreme Court without a lawyer, his petition was aided by Thurgood Marshall, who later became the first Black justice on the Supreme Court. The landmark decision in Gideon established that any defendant facing prison is entitled to free and competent legal representation.

Original Jurisdiction

While the majority of the Court's cases come from lower courts, it also has original jurisdiction over a few specific types of cases, such as disputes between states. These cases are extremely rare and do not follow the certiorari process but instead are explicitly directed to the Court.

Conclusion

Although any individual or party can petition the Supreme Court, the Court's discretion and workload mean that very few cases are actually heard. The process involves detailed scrutiny of petitions, many of which are submitted in a very humble and informal manner. The Supreme Court, with its staff of dedicated clerks and law clerks, plays a crucial role in interpreting and clarifying the law for the entire nation.