As the certiorari petitions are received, their clerks take turns writing memorandums, and each Justice conducts whatever additional research is necessary.
Justice Alito prefers to rely on his own clerks, and all the Justices review all petitions. Roughly 70 percent of the petitions end at this point, with a vote not to accept the case. The Justices may be satisfied that the decision of the lower court was correct, or that the case has no national significance, or, in some instances, that the Supreme Court lacks jurisdiction.
Whatever the reason for denial, the effect is to allow the decision of the lower court to stand. How The Court Works. While it is rare for the U. Original jurisdiction cases are heard directly by the Supreme Court without going through the appeals courts process.
Under federal law at 28 U. Section a , no other federal court is allowed to hear such cases. Typically, the Supreme Court considers no more than two cases a year under its original jurisdiction. Most cases heard by the Supreme Court under its original jurisdiction involve property or boundary disputes between states.
Two examples include Louisiana v. Mississippi and Nebraska v. Wyoming , both decided in Once the Supreme Court decides to hear a case, either through the appeals process or under its original jurisdiction, the process of deciding the constitutional issues involved begins.
Recesses are usually taken from late June or early July until the first Monday in October. Lawyers and other interested parties are free to submit briefs and supporting materials concerning cases to the Supreme Court at any time.
However, the Court only hears oral arguments on cases from October through April. Arguments are heard during the first two weeks of each month from October through December and during the last two weeks of each month from January through April. During each of its two-week sessions, the Court typically hears oral arguments only on Mondays, Tuesdays, and Wednesdays.
While the Supreme Court has never allowed cameras in its courtroom, oral arguments are open to the public, and audiotapes of oral arguments and opinions are available to the public.
Beginning at 10 a. During oral arguments, lawyers for each side are allowed approximately 30 minutes to make their best legal case to the justices. However, most of their time is spent answering questions from the justices. This is because the justices tend to view oral arguments only as a chance for lawyers to quickly summarize the merits of the case as they have already made in their lengthy written briefs. Instead, the justices see more value in having the lawyers respond to questions that they may have developed while reading their briefs.
Today, the Supreme Court receives from 7, to 8, new petitions for writ of certiorari per year. By comparison, in , the Court received petitions for only 1, new cases, and even in , only 3, petitions were filed.
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