How Cases Get to the Supreme Court

For a case to come before the Supreme Court from a state court, a national question must be involved (for example, a constitutional question or a question involving a national law or treaty), and litigants must have exhausted their appeals at the state level. Even then, the odds are against the case being presented to the Supreme Court. The Court also uses extreme discretion in deciding which appealed cases from lower national courts it will review. In either case, a disappointed litigant must petition the Court. If at least four justices find the case worthy, the Court will issue a writ of certiorari (Latin for "make more certain") to the lower court (state or national), ordering it to send up all records of the case.

On very rare occasions, the Court will intrude more rapidly into a lower court's or state court's jurisdiction. This occurred in 2000 when the Supreme Court agreed quickly to hear the case Bush v. Gore. But this brisk action was an atypical exception to the normal workings of the Court.

Thus the Court essentially performs two functions. First, it determines what cases it will hear (a small minority of the total appealed to it); second, it hears and issues judgments on those cases. Sessions of the Court take place from October to June each year. Justices hear cases in the Supreme Court building's courtroom in Washington, D.C., discuss them in a private chamber, and make decisions by a majority vote. Final judgments normally come long after the case is heard. In fact, decisions usually are made public toward the very end of each annual session. These decisions can come in an opinion for the Court, which is the majority opinion, written by one of the majority; a concurring opinion, again written by a member of the majority, but one who wishes to emphasize different points; and dissenting opinions, written by those who voted in the minority, explaining their position.