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What is the effect of denying petition for certiorari by the Supreme Court of the United States?

The denial of a Petition for Certiorari (aka Cert Petition) by the Supreme Court in a federal case means the decision of the Court of Appeals stands as the final decision. This does not mean that the Supreme Court either agrees or disagrees with the decision of the Court of Appeals, only that the case will not be reviewed. If the petition is denied, it has significance to the parties in the case, but it does not necessarily impact other cases.

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How does the Supreme Court decide to hear a case?

The Supreme Court decides to hear a case based on at least four of the nine Justices of the Supreme Court agreeing to grant the Petition for Certiorari. If four Justices agree to grant the petition, the Supreme Court will consider the case. A Petition for Certiorari is granted in very, few selected cases—fewer than 100 a year, by the Supreme Court of the United States.

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Can any lawyer argue a case before the U.S. Supreme Court?

Any U.S. lawyer who has been an active member of a state bar for three years and is currently in good standing with that state’s bar is eligible to apply for admission to the bar of the Supreme Court of the United States. Lawyers must fill out the application form and attach a certificate of good standing from a clerk or officer of the highest court in the state where the lawyer is admitted to the bar.

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What is the role of the United States Supreme Court?

The Supreme Court of the United States is the ‘highest’ court in the land. It has ultimate authority to hear appeals in nearly all cases decided in the federal court system. It can also hear certain ‘appeals’ from state high appellate courts that involve a ‘federal question,’ such as an issue involving a federal statute or arising under the Constitution of the United States. However, fewer than 100 cases are actually heard and decided by the Supreme Court in one year.

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Can I appeal from a federal circuit court of appeals to the United States Supreme Court?

Any party can attempt to appeal a decision from a circuit court of appeals to the U.S. Supreme Court, but this doesn’t mean that the appeal will be heard. Each year, the Supreme Court typically grants certiorari (i.e. accepts an appeal) for about 100 cases out of the approximately 7,000-8,000 cases that are appealed. Thus, for 99% of all federal cases, the decision of the circuit court of appeals is the last word. A court of appeals decision can be appealed, but the issues at stake must be so significant, or the court of appeal’s error in law so egregious, that the Supreme Court is persuaded to hear the case. The Supreme Court’s review of circuit court of appeals cases is thus best described as discretionary, rather than mandatory.

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