Four justices voting to hear a case triggers Supreme Court review

Evidence

Collective consideration of the petitions on the discussion list begins at the threeto four-day conference held before the beginning of the Court’s term in October. During this conference which, like all the Court’s conferences, is attended only by the justices themselves, the justices screen the large number of petitions for certiorari that have accumulated over the preceding summer. At weekly Friday conferences held throughout the Court’s term, justices continue their screening. If four justices vote to hear a case, the so-called Rule of Four, it is accepted for review and scheduled for oral argument. If fewer than four justices favor review, the petition for certiorari is denied, and the decision of the lower court stands. — G. Alan Tarr, Judicial Process and Judicial…, 911

Categorization

  • DEFINE: Defines the Rule of Four, the certiorari screening threshold, and the private justices-only conference structure.
  • XREF: connects to: Supreme Court case review begins with a certiorari petition — G. Alan Tarr, Judicial Process and Judicial…, 904; Four votes are required to grant certiorari for Supreme Court review — G. Alan Tarr, Judicial Process and Judicial…, 911; Four justices’ votes suffice to grant certiorari; fewer leaves the lower court ruling standing. — G. Alan Tarr, Judicial Process and Judicial…, 1510

Broader Connections