What best describes the process used by the Supreme Court to grant a writ of certiorari?
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.
The correct answer is C) A vote of four justices can grant a review of the case.
To explain how the Supreme Court grants a writ of certiorari, let's break down the process:
The Supreme Court receives thousands of cases each year that seek its review. However, the Court has limited resources, so it needs to select which cases it will hear. This is done through the process of granting a writ of certiorari.
When a party files a petition for a writ of certiorari, they are asking the Supreme Court to review their case. The Court's clerks then review each petition and prepare summaries, called "memoranda," of the cases for the justices to consider.
After reviewing the memoranda, the justices hold a private conference to discuss the petitions. During this conference, the justices vote on which cases they believe should be granted review. To grant a writ of certiorari, at least four justices must vote in favor of reviewing the case.
If a case receives at least four votes, the Court will grant certiorari, and the case will move forward. However, it's important to note that a grant of certiorari does not automatically mean the Court will hear oral arguments or issue a decision on the merits of the case. The Court can still dismiss the case or send it back to a lower court for further proceedings.
Therefore, the correct answer is C) A vote of four justices can grant a review of the case.