How does a case get to the U.S. Supreme Court?

Step One:  The amicus brief

After submitting an amicus brief (a party or an organization interested in an issue files a brief or participates in the argument of a case in which that party or organization is not one of the litigants), the parties must wait to obtain certiorari.

Step Two:  The writ of certiorari

A writ of certiorari is an order issued by the U.S. Supreme Court [or any higher court] to a lower court to send all the documents in a case to it so the U.S. Supreme Court can review the lower court's decision.

The U.S. Supreme Court is selective about which cases it will hear on appeal and can grant a writ of certiorari at its discretion and only when at least three members believe that the case involves a sufficiently significant federal question in the public interest, such as abortion access.

Step Three:  Oral Arguments

Once a writ of certiorari is granted both partiers have the opportunity to make oral arguments, or rather, they get to tell the justices why they should win the case based on the law and the U.S. Constitution. 

Step Four:  Decision and a Written Opinion

Once oral arguments are made, the Justices must weigh the merits of the case with careful scrutiny of the protections provided to us under the Constitution.  Once they have all come to their decisions, they vote and write an opinion outlining how they came to their decision under the Constitution.  In order for a party to succeed in their case, they need at minimum a majority vote, usually a 5-4 vote.

Learn More: Visit the Supreme Court website.