
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has original jurisdiction over a narrow range of cases, such as those involving ambassadors and other public ministers, and disputes between states. The Court also has appellate jurisdiction over almost any other case that involves a point of constitutional and/or federal law. However, the Supreme Court is not obligated to hear every case that falls within its jurisdiction. This discretion to choose which cases to hear is one of the key features that define the Court's constitutional responsibilities.
| Characteristics | Values |
|---|---|
| Number of justices | 9 Justices |
| Jurisdiction | Original and appellate |
| Cases heard | 100-150 out of 7,000 petitions |
| Decision to accept a case | 4 out of 9 justices must vote in favour |
| Addressing justices | Justices are addressed as "Justice [Last Name]," "Your Honor," or "Mr./Ms. Chief Justice" |
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What You'll Learn
- The Supreme Court does not have to hear a case when exercising its appellate jurisdiction
- The Supreme Court does not have to accept petitions for writs of certiorari
- The Supreme Court does not have to hear death penalty cases
- The Supreme Court does not have to hear cases involving impeachment
- The Supreme Court does not have to hear cases involving treason

The Supreme Court does not have to hear a case when exercising its appellate jurisdiction
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has original jurisdiction over a narrow range of cases, including those involving disputes between states or disputes arising among ambassadors and other high-ranking ministers. The Court also has appellate jurisdiction, which means it can review decisions made by lower courts in almost any case involving a point of constitutional and/or federal law.
When exercising its appellate jurisdiction, the Court does not have to hear a case. This means that the Court has the discretion to decide whether or not to hear an appeal. This discretion is granted by the Certiorari Act of 1925. The Court usually only hears cases that could have national significance, might harmonize conflicting decisions in federal Circuit Courts, or could have precedential value.
The primary means to petition the Court for a review is to ask it to grant a writ of certiorari. This is a request for the Supreme Court to order a lower court to send up the record of the case for review. The Court receives about 7,000 petitions for writs of certiorari each year but only grants about 80-150 of them. For a petition to be granted, four of the nine Justices must vote to accept the case.
The Court grants petitions for certiorari only for "compelling reasons", as spelled out in the Court's Rule 10. These reasons include resolving conflicts between Circuit Courts in the interpretation of federal law or a provision of the federal Constitution, and correcting an egregious departure from the accepted and usual course of judicial proceedings.
In conclusion, while the Supreme Court has the power to hear cases on appeal, it is not obligated to do so in every instance. The Court has the discretion to choose which cases to hear based on their potential significance and impact on precedent. This discretion allows the Court to focus on cases that are most relevant to the development and interpretation of constitutional and federal law.
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The Supreme Court does not have to accept petitions for writs of certiorari
The Supreme Court of the United States is the highest court in the land and the court of last resort for those seeking justice. It is composed of nine Justices, including one Chief Justice and eight Associate Justices. These Justices are appointed by the President and confirmed by the Senate. They typically hold office for life.
When a party is unsatisfied with the decision of a lower court, they may petition the Supreme Court to hear their case. This is done primarily by requesting a writ of certiorari, which is an order for a lower court to send up the record of the case for review. However, it is important to note that the Supreme Court does not have to accept these petitions for writs of certiorari. The Court has the discretion to decide whether or not to hear these cases, and it usually only accepts cases that meet certain criteria.
The Supreme Court receives thousands of petitions for writs of certiorari each year but only accepts a small fraction of them. This is because the Court is not obliged to correct every error made by lower courts. Instead, it looks for cases with national significance, those that could harmonize conflicting decisions in federal Circuit courts, or those that could have precedential value.
For a petition for a writ of certiorari to be successful, four out of the nine Justices must vote to accept the case. This process is known as "granting certiorari," often abbreviated as "cert." If four Justices do not agree to review the case, the Court will deny the petition, known as "denying certiorari." This does not imply that the Supreme Court agrees with the lower court's ruling but simply means that fewer than four justices determined that the case warranted a review.
The process of deciding which cases to accept or reject is done through a "cert pool." Each Justice's law clerks collectively assign and review the petitions for certiorari, preparing memoranda that summarise the issues and recommend whether the Court should grant or deny certiorari. These memoranda are then presented to the Justices during a Justices' Conference, where they discuss and decide which cases to accept or reject.
While the Supreme Court's discretion to deny petitions for writs of certiorari can be disappointing for those seeking justice, it is a necessary aspect of the Court's function, allowing it to focus on cases with broader implications and ensure the efficient administration of justice.
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The Supreme Court does not have to hear death penalty cases
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on questions of U.S. constitutional or federal law.
The Supreme Court has the power to declare a Legislative or Executive act in violation of the Constitution. This power is not explicitly mentioned in the Constitution, but was established by the Court in the case of Marbury v. Madison in 1803. The Court has also established its authority to strike down state laws found to be in violation of the Constitution.
The Supreme Court plays a crucial role in ensuring that each branch of the government recognizes the limits of its power. It is the final arbiter of whether the Constitution is being followed, and has the final say over when a right is protected by the Constitution or when a Constitutional right is violated.
In the context of death penalty cases, the Supreme Court often faces questions on the constitutionality of particular aspects of the death penalty system. The Court has ruled that the death penalty does not violate the Eighth Amendment's ban on cruel and unusual punishment. However, the Eighth Amendment does shape certain procedural aspects regarding when a jury may use the death penalty and how it must be carried out. The Court has also banned the death penalty for intellectually/developmentally disabled criminals and juvenile offenders, and has limited its use in cases of child rape.
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The Supreme Court does not have to hear cases involving impeachment
The Supreme Court is the highest court in the United States, with one Chief Justice and eight Associate Justices. The Court has original jurisdiction, meaning it is the first and only court to hear a case, and appellate jurisdiction, meaning it can review the decisions of lower courts.
The Constitution establishes the jurisdiction of the Supreme Court, and while it can hear almost any case involving a point of constitutional or federal law, it does not have to hear every case. The Certiorari Act of 1925 gives the Court the discretion to decide whether or not to do so. The Court usually only hears a case if it could have national significance, might harmonize conflicting decisions in federal Circuit courts, or could have precedential value. Each year, the Court accepts 100-150 cases out of the more than 7,000 it is asked to review.
While the Supreme Court plays a crucial role in the constitutional system of government, there are certain cases it is not obligated to hear, and impeachment trials are among them. The United States Constitution grants the House of Representatives "the sole Power of Impeachment" and the Senate "the sole Power to try all Impeachments." This means that the Senate, not the Supreme Court, has the authority to conduct impeachment trials and make decisions regarding conviction or acquittal.
In the case of Nixon v. United States (1993), the Supreme Court affirmed this separation of powers by determining that the federal judiciary could not review impeachment proceedings. The Court recognized that impeachment matters fell within the purview of the Senate, reinforcing the constitutional provision that grants the Senate the sole power to try impeachments.
While the Supreme Court does not have to hear cases involving impeachment, it is important to note that in the case of presidential impeachment, the Chief Justice of the Supreme Court presides over the trial. This unique role highlights the significance of impartiality and fairness in the impeachment process of the president.
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The Supreme Court does not have to hear cases involving treason
Article III, Section II of the US Constitution establishes the jurisdiction of the Supreme Court. The Court has original jurisdiction over certain cases, such as suits between two or more states or cases involving ambassadors. It also has appellate jurisdiction on almost any other case that involves a point of constitutional and/or federal law.
However, the Supreme Court does not have to hear cases involving treason. While treason is the only crime defined in the US Constitution, and the Supreme Court has played a role in interpreting what constitutes treason, it is not mandatory for the Court to hear these cases. The Certiorari Act of 1925 gives the Court the discretion to decide whether or not to hear a case, and the Court usually only does so if the case could have national significance or set a precedent.
The Supreme Court has clarified what it means to "levy war" and "provide "aid or comfort" to enemies" in the context of treason. For example, in Cramer v. United States (1945), the Court interpreted the treason clause in the context of an infamous incident known as the Nazi Saboteur Affair. While this case made treason more difficult to prove, it did not raise the bar so high that treason charges became implausible.
The Supreme Court's role in interpreting the Treason Clause is significant. The Constitution's text protects against a corrupt executive or Congress from expanding the definition of treason or easily changing the requirements for a conviction. The Court's interpretations have shed light on the historical understanding of the clause and informed its modern application.
In summary, while the Supreme Court has the authority to hear cases involving treason, it is not a constitutional responsibility, and the Court has the discretion to decide whether or not to hear these cases. The Court's role in interpreting the Treason Clause has been influential in shaping the understanding and prosecution of treason in the United States.
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