How the Supreme Court decides
The Supreme Court hears only a small fraction of the cases it is asked to review, but its decisions shape the whole country.
Choosing cases
The Court has nine justices. Each year it receives thousands of petitions and accepts roughly 60 to 70 cases. Through a writ of certiorari, it agrees to review a lower court decision; by the 'rule of four', four justices must agree to hear a case. It often takes cases where lower courts disagree or major constitutional questions arise.
From argument to opinion
Lawyers submit written briefs and present oral arguments, and outside groups may file amicus curiae ('friend of the court') briefs. Justices then meet privately and vote. The majority opinion explains the ruling; concurring opinions agree with the result for different reasons; dissenting opinions disagree and can influence future cases.
Precedent and judicial philosophy
Courts usually follow precedent, the principle of stare decisis, meaning 'let the decision stand'. The Court occasionally overturns precedent, as Brown did to Plessy. Judicial restraint favours deferring to elected branches; judicial activism describes willingness to overturn laws or precedents. Justices' philosophies shape how they read the Constitution.
Flashcard
An order agreeing to review a lower court decision
Check your understanding
A justice agrees with the Court's ruling but writes separately to give different reasons. This is a: