How is a Writ Processed By the United States Supreme Court
Hi again. I was hoping for someone to explain the path a writ takes once it get filed with the Supreme Court of the United States... When denied, is it straight off the go, or can it fizzle out later on. (Like not getting hired after 5 interviews) Is there a set path a petition follows in order to be heard? What does it mean to have a petition 'Distributed for Conference?' Good? Bad? Of no consequence? Or just standard procedure? Thank you in advance for the help in better understanding how this all works. Cheers!!
Re: How is a Writ Processed By the United States Supreme Court
The Rules of the SC contain when the Court is likely to grant Certiorari to a Petition, one is when 2 or more Sister Circuits collide on an issue.
It takes at least 4 Justices to grant Certiorari, called the Rule of Four.
The process of deciding which to accept is done by what is known as the Certiorari Pool, the only member not in it is Justice Stevens, who is retiring.
Edit; I did not mean he is not in it because he is retiring, he was not in it before.
Re: How is a Writ Processed By the United States Supreme Court
Put another way, there is very little chance the Supreme Court will grant cert unless the case is in conflict in different circuits or is a major issue that the court wants to hear.