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Catch the High Court's eye with a compelling petition.

Publication: Trial
Publication Date: 01-APR-05
Format: Online
Delivery: Immediate Online Access

Article Excerpt
A lawyer seeking U.S. Supreme Court review of a decision faces long odds. The Court hears only about 75 cases a year, granting less than 2 percent of the petitions for review filed.

It is obligated to review decisions in only two types of cases: suits between state governments (1) and disputes decided by three-judge federal district courts. (2) In all other cases, the Court has complete discretion regarding whether to grant or deny review.

Most cases come before the Court on a petition for a writ of certiorari. (3) If four justices vote to grant certiorari, the Court hears the matter.

Supreme Court Rule 10 describes the criteria that the Court uses in evaluating petitions. It emphasizes that review is most likely when the case involves a conflict among the federal circuits or the state high courts, or a conflict between a federal court of appeals and a state high court. Review is also likely to be granted when a state court or federal appeals court "has decided an important question of federal law that has not been, but should be, settled by this Court, or has decided an important federal question in a way that conflicts with relevant decisions of this Court." (4) The Court does not grant certiorari simply to correct erroneous decisions.

A petition for certiorari is a unique form of legal advocacy because it is not intended to win the case. The goal is not to convince the Supreme Court that the lower...

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