🇺🇸
Constitutional Law • Supreme Court Review
CONLAW#009
Legal Definition
In most cases, the Supreme Court has discretionary power to review cases from state courts or the United States Court of Appeals through a writ of certiorari.
Plain English Explanation
Sometimes, people might want the Supreme Court to hear their case and make a decision. But the Supreme Court doesn't have to hear every case that's asked of them. They only hear certain cases, the ones they think are important or will help make new laws.
When someone wants the Supreme Court to hear their case, they can ask the Court to hear it by filing a special request called a "writ of certiorari." This is like asking the Court to take a look at the case and decide if they want to hear it.
When someone wants the Supreme Court to hear their case, they can ask the Court to hear it by filing a special request called a "writ of certiorari." This is like asking the Court to take a look at the case and decide if they want to hear it.
Hypothetical
Hypo 1: Bob is a student in high school who was expelled for wearing a t-shirt with a political message on it. Bob believes that his freedom of speech was violated and he wants to sue the school district for it. He first goes to the state court and loses the case, then he goes to the United States Court of Appeals and loses again. Now he wants the Supreme Court to hear his case and make a final decision. Result: Bob would file a writ of certiorari to ask the Supreme Court to hear his case. The court will then use their discretion to decide whether Bob's case is important enough to hear and make a decision on. If the court believes that the case is important enough and that it would help to make new laws or clarify existing laws, they will grant the writ and hear the case. If the court does not think the case is important enough, they will deny the writ and the decision of the lower courts will stand.
