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How it Works

A Losing party files a petition for a writ of certiorari with a higher court. The petition is a formal request for the higher court to review the lower court judgement against the party petitioning. The petition must include the names of all parties in the case, as well as the facts and legal questions of the case and an argument as to why the higher court ought to agree to hear the case.

If the higher court agrees to hear the case, known as granting cert, it issues a writ of certiorari to the lower court. The writ requires the lower court to provide the higher court with a physical copy of the entire record compiled during the course of the case, from the initial filing of a complaint all the way through the final judgement issued by the lower court. Once the higher court has the record, it reviews it for errors made by the court to answer the questions presented in the petition. Additionally, the higher court sets a date for the parties to present the case for review.

If the appellate court does not want to take the case, it will deny the petition. This is usually acknowledged as "cert. denied". Certiorari review is always a discretionary. Further, Rule 10 of the U.S. Supreme Court's rules states that it will only grant a petition for cert. if there are "compelling reasons." The writ is usually granted only when there are important questions of law that need to be addressed; it is rarely used when the petition alleges errors in the findings of fact.

Using the Ballotpedia overview of writ of certiorari above, explain how a case that starts in a state court can work its way to the Supreme Court.

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Nominated by a Republican Nominated by a Democrat +4 + MORE Thomas CONSERVATIVE Alito +2 Gorsuch Roberts Martin- Kennedy Quinn score Median justice Breyer Kagan -2 MORE Ginsburg LIBERAL Sotomayor -4 1988 1992 1996 2000 2004 2008 2012 2017AFTER THIS PRESIDENTIAL mike Keefe THE DENVER post 2004 ELECTION, We'LL START MOVING TO OUR NEW LOCATION. SUPREME COURT LEFT RIGHT