How the U.S. Supreme Court works

The Supreme Court of the United States is the nation’s highest tribunal for cases and controversies arising under the Constitution or federal law. Most cases reach it as appeals, and the Court chooses only a small share for full review.

This explainer concerns the U.S. Supreme Court, not a state supreme court or a top court in another country. The Court is established by Article III of the Constitution and serves as an interpreter of the Constitution, according to the Court’s official description.

How a case usually reaches the Court

Most cases start in a lower court. A party seeking Supreme Court review generally files a petition for a writ of certiorari, asking the Court to order the lower court to send up the case record for review.

1. A lower court decides the dispute. Supreme Court cases commonly come from a federal court of appeals or from a state’s highest court when that court decided a constitutional issue.
2. A party petitions for certiorari. The Court is usually not required to hear these requests. It generally grants review when a case may have national significance, could resolve conflicting federal appeals-court decisions or may have precedential value.
3. Four Justices vote to accept the case. Under the Rule of Four, four of the nine Justices must vote to take a case.
4. The parties file briefs. The petitioner and respondent submit written legal arguments. With the Court’s permission, nonparties with an interest in the outcome may file amicus curiae, or “friend of the court,” briefs.
5. Lawyers present oral arguments. Arguments are open to the public. A case is typically allotted one hour, with about 30 minutes for each side, and the Justices spend much of that time questioning the lawyers.
6. The Court releases opinions. The Court publishes opinions in cases it has decided.

Why the Court hears relatively few cases

Federal judiciary guidance says the Court accepts 100 to 150 cases from more than 7,000 requests for review each year. Filing a certiorari petition therefore does not mean the Court will hear the case.

Appellate and original jurisdiction

Appellate jurisdiction is the Court’s authority to review a lower court’s decision. Most of the Court’s cases use this route.

Original jurisdiction means the Supreme Court is the first and only court to hear a case. The Constitution limits this category to disputes between states and disputes involving ambassadors and other high-ranking ministers.

Who sits on the Court?

The Court has nine members: one Chief Justice and eight Associate Justices. The president nominates Justices, and appointments are made with the Senate’s advice and consent.

Justices hold office during “good behavior,” typically for life. Each Justice may have three or four law clerks per Court term; clerks assist with legal research, review of certiorari petitions, preparation for oral argument and opinion drafting.

Frequently asked questions

What is the Rule of Four?

The Rule of Four is the Court’s procedure for accepting a case: four of the nine Justices must vote to take it. A petition granted under that rule receives review through a writ of certiorari.

What is the difference between original and appellate jurisdiction?

Appellate jurisdiction lets the Supreme Court review a lower court decision, and it is how most cases reach the Court. Original jurisdiction makes the Supreme Court the first and only court to hear a case in the limited categories described by the Constitution.

What happens during a Supreme Court oral argument?

Oral arguments are open to the public. A case is typically allotted one hour, with about 30 minutes for each side, and much of the time is spent answering the Justices’ questions.

Sources

• About the Court - Supreme Court of the United States — www.supremecourt.gov
• Supreme Court Procedures - United States Courts — www.uscourts.gov
• Behind the Scenes: How the U.S. Supreme Court Decides — www.americanbar.org