What the The Supreme Court of the United States does
The Court reviews decisions of the federal courts of appeals and of state courts of last resort where a federal question is presented. It takes cases to resolve conflicts among the circuits, to decide questions of national importance, and to settle constitutional questions — not to correct individual errors, which is the expectation that most petitions founder on. Four justices must agree to grant certiorari. It also has original jurisdiction over a small category of disputes, including those between states.
What it hears
- Federal constitutional questions from federal and state courts
- Conflicts among the federal courts of appeals
- Questions of national importance on federal statutes
- Disputes between states, under original jurisdiction
Before your first court date
The deadline to petition is strict and runs from the judgment below. Specialist appellate counsel is effectively essential, and the petition must frame a question worth the Court's attention — typically a genuine split among lower courts — rather than an argument that the decision below was wrong. Be realistic: petitions are granted at a very low rate, and the practical value of an honest early assessment is avoiding significant cost for a near-certain denial.
What happens at your first appearance
Petitions are considered in conference and granted only if four justices agree. If certiorari is granted, the case proceeds on briefs, often with numerous amicus briefs, to an oral argument of about an hour in which the justices question counsel closely. Decisions are handed down in writing, with concurrences and dissents, and become binding precedent nationwide.
What to prepare
- The judgment below and every lower-court opinion in the case
- A clearly framed federal question, ideally showing a split among courts
- Specialist appellate counsel and a realistic funding plan
When to get legal advice
This page is general legal information, not legal advice. This is specialist appellate practice and not a realistic self-represented route. If your matter is at an earlier stage, that is where advice does the most good. Legal Hotline's free line explains the process any hour on 1-844-690-0555, and a one-hour consultation with a licensed US attorney ($195, a fixed fee) can be booked right on the call.
Where it is
The Supreme Court sits at 1 First Street NE, Washington, DC. Argument sessions are open to the public and audio is published on the Court's website.