What best describes the process used by the Supreme Court to grant a writ of certiorari?(1 point)
A. The court must review all cases where a review is requested.
B. A unanimous vote by the justices grants a review of the case.
C. A vote of four justices can grant a review of the case.
D. A majority vote of five justices requires a review of the case.
C. A vote of four justices can grant a review of the case.
B. Judicial restraint means the court does not get involved; judicial activism means the court reviews the action.
What is the contrast between judicial restraint and judicial activism in the Supreme Court?(1 point)
A. Judicial restraint means the court does not include its own preferences; judicial activism means the court is silent on the issues of the branches.
B. Judicial restraint means the court does not get involved; judicial activism means the court reviews the action.
C. Judicial restraint means the court takes ownership of the issues; judicial activism means the court has a lot of power.
D. Judicial restraint means the court reviews the action; judicial activism means the court does not get involved.
C. A vote of four justices can grant a review of the case.
The correct answer is C. A vote of four justices can grant a review of the case.
To understand how the Supreme Court grants a writ of certiorari, let's break down the process:
The Supreme Court receives thousands of petitions each year from parties seeking review of their cases. However, the Court only has limited resources and cannot review every case that is submitted. Therefore, a specific process is used to filter the cases and determine which ones are granted review.
First, a party seeking review must file a petition for a writ of certiorari. This petition outlines the reasons why the Supreme Court should review the case and presents legal arguments supporting their position.
Once the petition is submitted, it goes through a process of review by the Justices. The Court's law clerks conduct initial assessments of the petitions and prepare summaries for the Justices. The Justices then review these summaries and decide whether to grant or deny review.
In order to grant a writ of certiorari, a minimum of four Justices must agree to hear the case. This is known as the "Rule of Four." If at least four Justices vote in favor of granting review, the Court will issue a writ of certiorari, indicating that the case will be heard by the Supreme Court.
It is important to note that the process of granting certiorari is conducted through confidential discussions among the Justices. The Court typically does not provide detailed explanations for denying certiorari, and the internal discussions are not made public.
In summary, the Supreme Court uses the "Rule of Four" to grant a writ of certiorari, requiring at least four Justices to vote in favor of hearing a case.