Collo vs McDo

Legal concepts

Certiorari

The Supreme Court of the United States chooses its cases. Out of 7,000 to 8,000 petitions a year, it decides about 80 — and a refusal says nothing about the merits.

In brief

  • Supreme Court Rule 10: “review on a writ of certiorari is not a matter of right, but of judicial discretion”.
  • The Court receives 7,000 to 8,000 petitions per term; it hears argument in about 80.
  • Acceptance rate: in the order of 1 to 2%.
  • Rule of four: four of the nine justices must vote to grant review. It is an internal custom, which appears in none of the Court's texts.
  • ⚠️ A denial of certiorari is not an approval of the decision challenged: it creates no precedent on the merits.

Certiorari is the instrument by which the Supreme Court has complete control over its docket. It grants review only for “compelling reasons”: a conflict between federal courts of appeals, an important unresolved federal question. A mere error by the lower courts is not enough.

The consequence is the one to remember, because it is constantly misreported: when the press writes that “the Supreme Court upheld” a decision by declining to review it, it is wrong. The Court upheld nothing. It considered that the case did not merit its time.

The reasoning is exactly the same as in France for the non-admission of an appeal to the Court of Cassation: the decision challenged becomes final, without any higher court having said that it was well founded.

Sources

External sources.

  1. Supreme Court Rule 10 — Considerations Governing Review on Certiorari — Cornell Legal Information Institute
  2. Frequently Asked Questions — General Information — Supreme Court of the United States

Where this comes up in the case file

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