What is a Writ of Certiorari

A writ of certiorari is an order by the U.S. Supreme Court to review a lower court's decision, and the primary method by which the Supreme Court exercises its discretionary appellate jurisdiction.

A writ of certiorari (often called "cert") is a formal order issued by the U.S. Supreme Court directing a lower court to send up the record of a case for review. It is the primary mechanism through which the Supreme Court exercises its discretionary appellate jurisdiction — choosing which cases it wants to hear. The Latin phrase means "to be informed of" or "to be made certain."

How the Supreme Court Selects Cases

The Supreme Court receives approximately 8,000–10,000 petitions for certiorari each year but grants only about 60–80 (roughly 1%). Parties who lose in a federal circuit court or state supreme court may petition the U.S. Supreme Court for certiorari review.

The "Rule of Four"

The Supreme Court will grant certiorari if at least four of the nine justices vote to hear the case.

Grounds for Granting Certiorari

The Supreme Court is most likely to grant cert when:

• There is a circuit split — different U.S. Courts of Appeals have reached conflicting conclusions on an important legal question
• The case involves an important federal question that has not yet been settled
• A lower court decision conflicts with a prior Supreme Court ruling
• The case involves a significant question of constitutional law

The Certiorari Petition Process

1. A losing party files a petition for certiorari, explaining why the Supreme Court should review the case
2. The opposing party files a brief in opposition
3. The case goes on the "discuss list" or "dead list" at a conference
4. Justices vote — if four agree, cert is granted (certiorari granted)
5. If fewer than four vote to hear it, cert is denied (certiorari denied)

What "Cert Denied" Means

A denial of certiorari does not mean the Supreme Court agrees with the lower court's decision. It simply means the Court chose not to review it. The lower court's decision stands, but has no precedential value beyond that jurisdiction.

Certiorari and Precedent

When the Supreme Court grants cert, hears arguments, and issues a decision, that decision becomes binding precedent on all lower courts in the United States under the principle of stare decisis.

State Court Equivalent

Many state supreme courts use a similar discretionary review process called discretionary review or petition for review — parties must ask the state's highest court to take their case rather than having an automatic right of appeal.