The Supreme Court sits at the top of the court system, but it does not have to hear most cases. Here is how a case gets there and how the justices decide it.
Why it works
Why choose cases? The Court is one court for a nation of hundreds of millions, so it spends its time where a ruling matters most: when courts of appeals disagree about what a federal law means (a "circuit split"), when a lower court strikes down a federal law, or when a question is very important. The rule of four is a custom, not a written law: four justices, one fewer than a majority, can put a case on the calendar. Turning down a case ("cert denied") does not mean the justices agree with the lower court; the lower ruling simply stands.
| Opinion | Who writes it | Is it law? |
|---|---|---|
| Majority opinion | a justice in the majority; the Chief Justice assigns it when in the majority, otherwise the senior justice in the majority | Yes: its holding binds lower courts |
| Concurring opinion | a justice who agrees with the result but gives other or extra reasons | No, but it can shape later cases |
| Dissenting opinion | a justice who disagrees with the result | No, but a later Court may adopt its reasoning |
Key idea
The Court hears a case when four justices grant certiorari. After briefs and oral argument the justices vote; the majority opinion is the law, while concurring and dissenting opinions explain other views.
Worked example: Counting votes
Three justices want to hear a case and six do not. Will the Court hear it?
- The rule of four needs four votes to grant certiorari.
- Three is one short.
Answer: No. The lower court's decision stands, though that does not mean the Supreme Court approved it.
Worked example: A dissent that came back
In Plessy v. Ferguson (1896), the Court upheld segregated railroad cars 7 to 1. What happened to the dissent?
- Justice John Marshall Harlan wrote alone: "Our Constitution is color-blind, and neither knows nor tolerates classes among citizens."
- His dissent was not law in 1896.
- In Brown v. Board of Education (1954), the Court rejected "separate but equal" in public schools, and Harlan's dissent is often cited as having pointed the way.
Answer: It became a famous example of a dissent whose view later prevailed.
Common mistake
Thinking a dissent has no effect. A dissent is not law, but it can persuade later judges, lawmakers and the public. Check: ask "is this the opinion of a majority?" Only then is it the holding.