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The rule of four is a US Supreme Court practice that permits four of the nine justices to grant a writ of certiorari. It has the specific purpose to prevent a majority of the Court's members from controlling their docket. The rule of four is not required by the US Constitution, any law, or even the Court
In law, certiorari is a court process to seek judicial review of a decision of a lower court or government agency. Certiorari comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review.
A petition for certiorari before judgment, in the Supreme Court of the United States, is a petition for a writ of certiorari in which the Supreme Court is asked to immediately review the decision of a United States District Court, without an appeal having been decided by a United States Court of Appeals, for the purpose of expediting the proceedings and obtaining a final decision.
Since the Judiciary Act of 1925 ("The Certiorari Act" in some texts), the majority of the Supreme Court's jurisdiction has been discretionary. [4] Each year, the court receives approximately 9,000–10,000 petitions for certiorari , of which about 1% (approximately 80–100), are granted plenary review with oral arguments, and an additional 50 ...
Each year, the Supreme Court receives thousands of petitions for certiorari; in 2001 the number stood at approximately 7,500, [2] and had risen to 8,241 by October Term 2007. [3] The court will ultimately grant approximately 80 to 100 of these petitions, [a] in accordance with the rule of four.
Parties wishing to appeal such cases would file a petition for certiorari, which the Court could grant or deny without passing on the merits. [ 3 ] Nonetheless, the number of appeals was a one-way upward ratchet, and the Justices argued that the only way to fix the problem once and for all was to have the Court conduct virtually all of its ...
The Supreme Court normally DIGs a case through a per curiam decision, [a] usually without giving reasons, [2] but rather issuing a one-line decision: "The writ of certiorari is dismissed as improvidently granted." However, justices sometimes file separate opinions, and the opinion of the Court may instead give reasons for the DIG.
Cases are accepted if four justices decide to grant certiorari (the so-called rule of four), with the overwhelming majority being denied (around 80 out of 7,000–8,000 petitions for certiorari are granted each term [8]: 15–16 ).