politicsanalysisThe Conversation

How the US Supreme Court decides its cases – a step-by-step guide

the gist

The US Supreme Court is reactive, so cases only reach it when a losing party files a petition for certiorari. About 4,000 petitions arrive per term, and the court typically hears fewer than 80 cases, a chance of roughly 2 percent. Law clerks write memos recommending which petitions to grant, and at a private conference the justices need four votes, the rule of four, to accept a case. After written briefs and oral arguments of about an hour, the justices vote in conference, and the chief justice or most senior majority justice assigns the majority opinion. Opinions are then read and released, mostly through June.

how it works

Parties ask the court to review a lower court ruling by filing a petition, and amicus briefs signal national importance. Four justices must agree to hear a case, so the court's calendar is a small fraction of the cases submitted. Once argued, the justices vote privately, and changes of mind are possible until the opinion is announced.

so what

Many of the court's most important rulings are shaped months before the public sees them, through agenda-setting, negotiation and drafting. Knowing the process explains why decisions cluster in June and why a single justice's vote can matter so much.

has this happened before?

The Supreme Court's agenda-setting power has grown as the number of petitions has risen and the court has chosen fewer cases to decide. Its procedure has been stable for decades, with rules such as the rule of four dating back to earlier eras of the court.

Illustrative photo · Photo by Mr. Kjetil Ree ., CC BY-SA 3.0, via Wikimedia Commons