2.10 The Court in Action

Getting a case to the Supreme Court

Most cases reach the Supreme Court through a writ of certiorari, a request for the Court to review a lower court's decision. Justices grant cert using the Rule of Four — at least four of the nine justices must agree to hear the case. Cert is rarely granted, so the Court controls its own docket.

How justices decide

Justices' decisions are shaped by judicial philosophy: judicial restraint favors deferring to precedent and elected branches, while judicial activism favors judges striking down laws or policies they see as unconstitutional. Stare decisis ('let the decision stand') guides justices to follow precedent from prior rulings, promoting stability, though the Court can overturn precedent.

Impact of Court decisions

Supreme Court rulings can be limited by checks from other branches: Congress can pass new legislation, propose constitutional amendments, or change court jurisdiction; the President can decline vigorous enforcement. Public opinion, states' responses, and lower courts' willingness to implement rulings also affect how much real-world impact a decision has.

Key terms

Writ of certiorari

A formal request asking the Supreme Court to review a lower court's decision.

Rule of Four

At least four of the nine justices must agree to grant certiorari for the Court to hear a case.

Judicial restraint

Philosophy favoring deference to precedent and the decisions of elected branches.

Judicial activism

Philosophy favoring judges striking down laws or policies seen as unconstitutional, even against precedent.

Stare decisis

'Let the decision stand' — the principle of relying on precedent from prior rulings.

Try an AP-style question

How many justices must agree to hear a case?

1. Nine
2. Four
3. Five
4. Two