Appellate CourtsAppellate CourtsDeciding What to DecideDeciding What to Decide

The Supreme Court and The Supreme Court and Discretionary JurisdictionDiscretionary Jurisdiction

The writ of certiorariThe writ of certiorari The Judiciary Act of 1925The Judiciary Act of 1925 The 1988 Act to Improve the Administration of JusticeThe 1988 Act to Improve the Administration of Justice Caseload – 8,000 cases/yearCaseload – 8,000 cases/year

The Screening ProcedureThe Screening Procedure Appeal FiledAppeal Filed

Paid vs. Unpaid casesPaid vs. Unpaid cases

The Screening Procedure (cont’d)The Screening Procedure (cont’d)

Response from RespondentResponse from Respondent Initial Screening and Law ClerksInitial Screening and Law Clerks

The Cert. PoolThe Cert. Pool The Discuss ListThe Discuss List The Dead ListThe Dead List

The Screening Procedure (cont’d)The Screening Procedure (cont’d)

Conference Conference Discussion and Discussion and Further ScreeningFurther Screening Rule of FourRule of Four

Join-3 votesJoin-3 votes DIG’sDIG’s

The Screening Process (cont’d)The Screening Process (cont’d) Report to ClerkReport to Clerk Clerk Notification to Clerk Notification to

PartiesParties Petitioner Files Petitioner Files

Briefs on the MeritsBriefs on the Merits Respondent Files Respondent Files

Briefs on the MeritsBriefs on the Merits Clerk Schedules Clerk Schedules

Case for Oral Case for Oral ArgumentArgument

Factors that Influence Cert. Factors that Influence Cert. DecisionsDecisions

FormalFormal http://www.supremecourtus.gov/ctrules/2007rulesofthecourt.pdf

Rule 10Rule 10

Cases presenting inter-circuit conflictsCases presenting inter-circuit conflicts Cases presenting conflicts between state courts of Cases presenting conflicts between state courts of

last resort and a circuit courtlast resort and a circuit court Cases raising important questions of lawCases raising important questions of law Court of appeals has departed from “the usual course Court of appeals has departed from “the usual course

of judicial proceedings”of judicial proceedings” Court feels it must have the final word on an Court feels it must have the final word on an

important questionimportant question A conflict is perceived between a lower-court decision A conflict is perceived between a lower-court decision

and a Supreme Court precedentand a Supreme Court precedent

Factors that Influence Cert. Factors that Influence Cert. Decisions (cont’d)Decisions (cont’d)

InformalInformal Cue TheoryCue Theory

Civil Liberties IssuesCivil Liberties Issues Disagreement Among Judges of Lower CourtDisagreement Among Judges of Lower Court Federal government as a petitionerFederal government as a petitioner

Strategic BehaviorStrategic Behavior Reversal Voting (Error Correcting)Reversal Voting (Error Correcting) Outcome PredictionOutcome Prediction

Aggressive GrantsAggressive Grants Defensive DenialsDefensive Denials

Factors that Influence Cert. Factors that Influence Cert. Decisions (cont’d)Decisions (cont’d)

Other Means for DenialOther Means for Denial Standing doctrineStanding doctrine RipenessRipeness MootnessMootness Political QuestionsPolitical Questions Rest on stare decisisRest on stare decisis

What Do Cert. Decisions Mean?What Do Cert. Decisions Mean? Decision is CorrectDecision is Correct Decision is not controversialDecision is not controversial Case is unimportantCase is unimportant Case is complicated/awkwardCase is complicated/awkward NothingNothing

Application to a Real Life ExampleApplication to a Real Life Example

Why don’t they just tell us why they Why don’t they just tell us why they denied the case?denied the case?

Overall PointsOverall Points Whether certiorari is granted is Whether certiorari is granted is

largely determined by who sits on largely determined by who sits on the courtthe court

There are no set rules guiding the There are no set rules guiding the conditions upon which the Court conditions upon which the Court must grant or deny cert.must grant or deny cert.