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Understanding the US Supreme Court's Case Acceptance Rate and Opinion Writing Process

The US Supreme Court hears a remarkably small fraction of cases brought before it. In 2005, approximately 8,500 appeals were filed, but only 87 were accepted, reflecting a mere 1% acceptance rate. The opinion writing process involves the justices reviewing written briefs prepared by attorneys, providing them critical insights into the cases. This process is integral to judicial decision-making and emphasizes the court's selective approach to case selection, as it focuses on issues with broader legal significance.

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Understanding the US Supreme Court's Case Acceptance Rate and Opinion Writing Process

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  1. US Supreme Court

  2. How Many Cases Do they Hear? Opinion writing process from page 280-81 chart: Lower court 2005 appeals = 8,500 Cases accepted and heard by S.Ct = 87 Percent of appeals heard =1%
  3. Justices’ Opinion Writing Process 1. briefs written by attorneys and read by Justices; 2. Oral argument: 30 minute argument by each attorney 3. Justice conference I: chief justice assigns opinion drafts to be written 4. Justice exchange drafts and negotiate 5. Justice conference II: justices’ final vote 6. Majority and minority (dissent) published-why publish dissent? Plessy v. Ferguson (1886)
  4. Legal Precedent When the Supreme Court opinion is new law that must be followed by all other courts in the country- legal precedent is formed . Brown v. Board of Education (1954) was the precedent setting case that required all public schools to become racially integrated.
  5. Little Rock, Arkansas
  6. Supreme Court has “split personalities” Judicial restraint- justices mostly defer to legislative/executive decisions, few precedent setting cases Judicial activism- justices often overturn legislative/executive decisions, many precedent setting cases
  7. Marbury v. Madison (1803) dispute between Congress and President. Supreme Court decides it will have the final say as to what of what the Constitution says on a specific point! “judicial review” is created
  8. Four Ideals in the Declaration of Independence: Equality- Brown v. Board of Education(racial equality) Freedom-Heller v. Washington, DC (gun rights) Democracy- Citizens United v. Federal Election Commission(super pacmoney unlimited) Justice- Miranda v. Arizona(new detention process created)
  9. Three powers of limited government in the US Constitution. Checks and balances- US v. Nixon(1974) page 282 (Watergate tapes released) Separation of Powers-Korematsu v. US, (President’s power during war) Federalism-Florida v. Health & Human Services (2012)(Affordable Care Act forced health care insurance on states)
  10. Tenure on Bench- for life during good behavior. Annual salary $215,000 for Chief; $206,000
  11. Citizen Participation in US Supreme Court opinions Flag burning permitted by Supreme Court as “symbolic speech”; Congress may propose amendment to Constitution making flag burning illegal. Public rallies at US Supreme Court building Vote for President with political ideology you want in Justice
  12. Citizens Wait to Enter US Supreme Court March, 2013
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