Lesson 47 of 1524
The Courts
The Court does not take every case. Four justices must first agree that the case is worth hearing.
Practice this chapterFederal judges nominated by the president and confirmed by the Senate hold office during good behavior. That is life tenure unless they resign, retire, or are removed by impeachment.
Judicial activism and judicial restraint are labels for how willing a judge is to overturn precedent or the work of the other branches. They are not names of official offices.
Getting heard
Certiorari requires four justices
Four to hear the case. Five, a majority of nine, to decide it.
Worked example
A litigant who lost in a federal court of appeals asks the Supreme Court to hear the case. Three justices vote to grant certiorari. Six vote to deny. What happens?
- 1The request is for a writ of certiorari, the ordinary path onto the Court’s docket.
- 2The rule of four says at least four justices must vote to grant the writ.
- 3Three votes are short of four, even though three is a large minority.
- 4The writ is denied. The court of appeals decision stands, without a Supreme Court ruling on the merits.
Result: The Court does not hear the case.
Why. The rule of four is a gate, not a decision on who should win. Missing the gate by one vote leaves the lower court’s judgment in place.
A denial of certiorari is not a Supreme Court endorsement of the lower court’s reasons. It is a refusal to take the case.
Practice margin
This chapter
A fresh set from this chapter only. Choose 10 or 20. Multiple choice and fill-in, with no repeat inside the set.