Four justices must vote to grant cert for the Supreme Court to hear the case. The justices have full discretion over whether to review the ruling, formally known as granting the petition for certiorari - or granting cert, for short. The Supreme Court generally waits until the opposing party - that is, the side that prevailed in the lower court - weighs in on whether the justices should review the decision, or instead waives its right to do so, before acting on the petition. A cert petition usually gives a narrative account of the dispute and the ruling(s) below, followed by an argument outlining why the justices should review that ruling. This comes most often on appeal from one of the federal courts of appeals or a state’s highest appellate court. Question: What do you mean by certiorari?Īnswer: A petition for certiorari, or cert petition, is a document filed in the Supreme Court asking the justices to review a lower court’s ruling in a case. This page addresses some of the questions about orders and opinion announcements that we have commonly received during our live blogs.Īnswer: When we talk about orders or the order list, we are usually referring to the actions that the court took at its most recent conference, which are reflected in a document (the order list) that the court releases to the public. The most common orders are those granting or denying review on the merits in a particular case (known as granting or denying cert, short for certiorari), but the court may also issue other orders related to petitions for review or in pending merits cases - for example, an order granting or rejecting a request to participate in an oral argument.
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