{"id":369032,"date":"2016-04-04T10:47:07","date_gmt":"2016-04-04T15:47:07","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/litigation\/legal-system\/how-does-the-u-s-supreme-court-decide-whether-to-hear-a-case.html"},"modified":"2023-10-09T18:02:55","modified_gmt":"2023-10-09T23:02:55","slug":"how-does-the-u-s-supreme-court-decide-whether-to-hear-a-case","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/litigation\/legal-system\/how-does-the-u-s-supreme-court-decide-whether-to-hear-a-case.html","title":{"rendered":"How Does the U.S. Supreme Court Decide Whether To Hear a Case?"},"content":{"rendered":"\n
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How Does the U.S. Supreme Court Decide Whether To Hear a Case?<\/h1>\n
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\n By Samuel Strom, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

U.S. Supreme Court decisions have shaped American history. Their rulings have ended racial segregation<\/a>, enforced child labor laws<\/a>, kept firearms away from schools, and given the federal government the teeth it needs to regulate interstate commerce<\/a>. But how does the Supreme Court decide what cases to hear? If you had a dispute you wanted the Supreme Court to hear, how would you get it there?<\/p>\r\n

This article summarizes the Supreme Court’s role in the United States government and the effect of Supreme Court precedent. It then sets out how the Supreme Court decides which cases to hear, including the procedure for petitioning the court to hear a case and factors the Court considers in determining whether to consider a case.<\/p>\r\n

What Is the U.S. Supreme Court?<\/h2>\r\n

The U.S. Constitution<\/a> is known as the supreme law of the land and grants all of our constitutional rights. Generally speaking, the U.S. Supreme Court decides whether laws and actions are constitutional or unconstitutional. As of 2023, the Supreme Court consists of nine Justices (one Chief Justice and eight Associate Justices) who decide each case and controversy. The Justices are nominated by the President of the United States and confirmed by the Senate.<\/p>\r\n

The U.S. government is comprised of the executive branch<\/a>, the legislative branch<\/a>, and the judicial branch<\/a>. The three branches derive their powers from the U.S. Constitution and are, for the most part, independent of one another.<\/p>\r\n

The judicial branch consists of the courts in the United States. The judiciary’s role is to interpret the laws passed by Congress<\/a> and executed by the executive branch. The judicial branch alone interprets federal court cases and controversies. The judicial branch, however, has no power to enforce its decisions; those powers are left to the legislature<\/a> and executive. The other branches are, in theory, unable to influence a court’s interpretation of the law.<\/p>\r\n

The Supreme Court of the United States is the highest court of the judicial branch, also known as a court of last resort<\/a>. A case must involve an issue of federal law or otherwise fall within the jurisdiction<\/a> of federal courts. A case that involves only a matter of state law or parties within a state will likely stay within the state court system. There, the state’s supreme court would be the court of last resort.<\/p>\r\n

The Role of Supreme Court Precedent<\/h2>\r\n

The Supreme Court’s precedent<\/a>, also known as prior case law, guides lower courts in ruling on cases and controversies. The precedential opinions of the Court effectively provide the interpretation of the law that lower courts and the Supreme Court itself must follow. This legal principle is known as the doctrine of stare decisis<\/a>.<\/p>\r\n

Although stare decisis states the Supreme Court should follow its precedent, the judiciary’s purpose is to uphold the Constitution. Thus, the Supreme Court sometimes overrules<\/a> its precedent if the prior decision is unconstitutional.<\/p>\r\n

Supreme Court precedent has shaped the United States’ history. There are too many landmark U.S. Supreme Court decisions<\/a> to name in this article, but the following are a few examples of notable cases:<\/p>\r\n