How the Supreme Court Chooses and Decides Cases
Thousands of litigants want Supreme Court review, but the Court hears only a small fraction. A party ordinarily begins discretionary review by filing a petition for a writ of certiorari. The petition asks the Court to call up the lower-court record and decide the case. Certiorari is not a second trial, an order requiring an […]
Judicial Review and the Role of the Courts
Congress enacts a popular law that conflicts with the Constitution. A court deciding a case cannot apply both commands if they point to opposite results. Judicial review is the authority of courts to determine the governing law in a proper case and to refuse effect to government action that violates higher law. It applies to […]
