Federal Appeals to the Supreme Court: Certiorari Strategy and Practice

The Supreme Court's jurisdiction is primarily discretionary, exercised through the writ of certiorari. Under the Rule of Four, at least four Justices must vote to grant review.

Petitions must be filed within 90 days of the lower court's judgment. The Court grants certiorari in approximately 1-2% of cases — roughly 70-80 cases per term out of 7,000+ petitions.

The Court is most likely to grant review when: (1) there is a circuit split on an important federal question, (2) a state court or federal court of appeals has decided an important question of federal law that conflicts with Supreme Court precedent, or (3) a lower court has departed from accepted judicial proceedings.

The Question Presented is the most important part of the petition. It should be framed broadly enough to interest the Court but specifically enough to show why this case is the right vehicle.

Demonstrate the circuit split with precision — cite specific cases from multiple circuits reaching opposite conclusions on the same legal question. The deeper and more entrenched the split, the more likely the Court will grant review.

Keep the petition concise and focused. The Court's clerks review thousands of petitions — clarity and brevity are essential. Lead with the strongest reason for granting review.