What best describes the process used by the Supreme Court to grant a writ of certiorari?(1 point)
Responses
The court must review all cases where a review is requested.
The court must review all cases where a review is requested.
A vote of four justices can grant a review of the case.
A vote of four justices can grant a review of the case.
A majority vote of five justices requires a review of the case.
A majority vote of five justices requires a review of the case.
A unanimous vote by the justices grants a review of the case.
A vote of four justices can grant a review of the case.
The correct answer is: A vote of four justices can grant a review of the case.
The correct answer is "A vote of four justices can grant a review of the case." To explain how to get to this answer, I can break down the process used by the Supreme Court to grant a writ of certiorari.
When a party submits a petition for review, the Supreme Court receives numerous requests, but it cannot review all cases. To determine which cases to review, the Court follows a two-step process.
Step 1: The Rule of Four
To grant a writ of certiorari, at least four of the nine justices must agree to hear the case. This is known as the "Rule of Four." If four justices vote in favor of granting certiorari, the Court will agree to review the case.
Step 2: Case Selection
After a case is granted certiorari, it goes through a process called case selection. During case selection, the Court's law clerks review the case files, analyze the legal issues, and provide summaries and recommendations to the justices.
Based on the law clerks' recommendations and their own assessment, the justices then vote on whether to accept the case for full review. If a majority of five justices (out of the nine) agree to review the case, it proceeds to the next stage. However, if less than five justices vote in favor of review, the case is effectively denied certiorari.
So, to summarize, the Supreme Court uses the "Rule of Four" where a vote of four justices can grant a review of the case. A majority vote of five justices is required for a case to proceed to full review.