Certiorari
Certiorari is a legal term that refers to a writ issued by an appellate court, primarily associated with the discretion of the U.S. Supreme Court in selecting cases for review. The term derives from Latin, meaning "to be informed," and has historical roots in early English and Roman law. The process of certiorari allows higher courts to examine decisions made by lower courts, ensuring judicial oversight and the correction of potential errors. In the context of the U.S. Supreme Court, certiorari plays a crucial role in determining which cases the Court will hear, as the justices have significant latitude to choose cases that present important constitutional issues.
For a case to be granted certiorari, four of the nine justices must agree that it raises a significant constitutional question, known as the "rule of four." Once a writ of certiorari is issued, the lower court is required to send its records for the Supreme Court's review. The Court then has several options: it can uphold the lower court's ruling, reverse it, or send the case back for further proceedings. This mechanism effectively shapes the legal landscape by allowing the Supreme Court to focus on issues of national importance, thus influencing the interpretation of laws and the Constitution in the United States.
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Certiorari
SIGNIFICANCE: Writs of certiorari are the legal mechanisms through which the US Supreme Court accepts almost all cases it decides. The principle gives the Court almost complete discretion in the choice of which cases it hears.
Derived from a Latin word meaning to be “informed,” writ of certiorari is a legal term that goes back to the early history of English courts. A writ of certiorari is a discretionary order issued by an appellate court. When appellate courts want to review decisions of lower courts, they issue writs of certiorari. Such writs require the lower courts to deliver their findings to the appeals courts for review. The procedure enables higher courts to review lower court decisions for possible judicial errors that might justify overturning those decisions.
The term certiorari is most commonly used in reference to the process by which the US Supreme Court selects the cases that it reviews. Certiorari controls almost all appellate access to the Court. The Supreme Court reviews only the cases that it chooses, which are those that raise the most significant constitutional issues.
In selecting a case for review, four of the Supreme Court’s nine justices must agree that it presents an issue that raises a significant constitutional question. After four justices agree (the “rule of four”), the Court issues a writ of certiorari to the lower appellate court ordering that its appellate record be brought before the Supreme Court for review. The Supreme Court then reviews the lower court’s finding and renders its decision. The Court can dismiss the case, reverse the lower court’s decision and send it back for further review or a new trial, or uphold the findings of the lower court.
Bibliography
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Vladeck, Steve. "The Rise of Certiorari Before Judgment." SCOTUSblog, 25 Jan. 2022, www.scotusblog.com/2022/01/the-rise-of-certiorari-before-judgment/. Accessed 24 June 2024.
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