The Supreme Court of the United States is the highest court in the land, and its decisions have a profound impact on the lives of all Americans. When a party loses a case in a lower court, they may petition the Supreme Court to review the decision. This process is known as seeking a writ of certiorari.
Key Facts
- Average Time: On average, it takes about six weeks for the Supreme Court to act on a cert petition.
- Filing a Cert Petition: When the losing side in a case decided by a federal court of appeals or a state’s highest court wants the Supreme Court to review the case, they file a cert petition.
- Response Brief: Once a cert petition is filed, the opposing party, known as the respondent, has 30 days to file a brief arguing against the Supreme Court hearing the case.
- Consideration by Justices: The Supreme Court justices generally consider the cert petition, the brief in opposition, and the petitioner’s reply brief roughly a month after the brief in opposition is submitted.
- Granting Review: The Supreme Court will grant review and hear oral argument if at least four justices vote to do so.
- Briefing Process: If the Supreme Court grants review, the briefing process starts again, and it usually takes at least three months before the case is ready to be argued.
The Cert Petition Process
The process of seeking a writ of certiorari begins with the filing of a cert petition. The petition must be filed within 90 days of the lower court’s decision. The petition must explain why the Supreme Court should review the case. It must also identify the specific legal issues that the petitioner wants the Court to consider.
The Response Brief
Once a cert petition is filed, the opposing party, known as the respondent, has 30 days to file a brief arguing against the Supreme Court hearing the case. The respondent’s brief must address the arguments made in the cert petition. It must also explain why the lower court’s decision was correct.
Consideration by the Justices
The Supreme Court justices generally consider the cert petition, the brief in opposition, and the petitioner’s reply brief roughly a month after the brief in opposition is submitted. The justices may also request additional briefing from the parties.
Granting Review
The Supreme Court will grant review and hear oral argument if at least four justices vote to do so. If the Court grants review, the briefing process starts again, and it usually takes at least three months before the case is ready to be argued.
Average Time Taken
On average, it takes about six weeks for the Supreme Court to act on a cert petition. However, the time can vary depending on the complexity of the case and the number of petitions that the Court is considering.
Conclusion
The process of seeking a writ of certiorari is complex and time-consuming. However, it is an important way for parties to challenge lower court decisions and to ensure that the Supreme Court has the opportunity to review cases that have national significance.
References
- A Reporter’s Guide to Applications Pending Before The Supreme Court of the United States
- The Certiorari Process: Seeking Supreme Court Review
- Time To Appeal Or Petition For Review Or Certiorari: Criminal and Civil Cases
FAQs
1. How long does it take the Supreme Court to decide a cert petition?
On average, it takes about six weeks for the Supreme Court to act on a cert petition. However, the time can vary depending on the complexity of the case and the number of petitions that the Court is considering.
2. What is the process for seeking a writ of certiorari?
The process begins with the filing of a cert petition. The petition must be filed within 90 days of the lower court’s decision. The petition must explain why the Supreme Court should review the case and identify the specific legal issues that the petitioner wants the Court to consider.
3. What happens after a cert petition is filed?
Once a cert petition is filed, the opposing party has 30 days to file a brief arguing against the Supreme Court hearing the case. The Supreme Court justices then consider the cert petition, the brief in opposition, and the petitioner’s reply brief.
4. When does the Supreme Court grant review?
The Supreme Court will grant review and hear oral argument if at least four justices vote to do so.
5. What happens after the Supreme Court grants review?
If the Supreme Court grants review, the briefing process starts again, and it usually takes at least three months before the case is ready to be argued.
6. Can the Supreme Court take longer than six weeks to decide on a cert petition?
Yes, the time taken can vary depending on the complexity of the case and the number of petitions that the Court is considering. In some cases, it may take several months or even a year for the Court to decide on a cert petition.
7. What are the chances of the Supreme Court granting a cert petition?
The Supreme Court grants review to only a small percentage of the cert petitions that it receives. In the 2021-2022 term, the Court granted review to just 72 out of the 7,125 petitions that it received.
8. What are some factors that the Supreme Court considers when deciding whether to grant a cert petition?
The Court considers a number of factors when deciding whether to grant a cert petition, including:
- The importance of the legal issues involved
- The conflict between lower court decisions
- The need to resolve a question of federal law
- The potential impact of the decision on the public