Rule of four
Encyclopedia
The rule of four is a Supreme Court of the United States
practice that permits four of the nine justices to grant a writ of certiorari. This is done specifically to prevent a majority of the Court from controlling the Court's docket. However, in practice, it may be that a "Rule of Five" is often used at the behest of four justices (who would rather not hear the case than lose it).
The rule of four is not required by the Constitution
, any law, or even the Supreme Court's own published rules. Rather, it is a custom that has been observed since the Court was given discretion over which appeals to hear by the Judiciary Act of 1891
, Judiciary Act of 1925
and the Supreme Court Case Selections Act
of 1988.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
practice that permits four of the nine justices to grant a writ of certiorari. This is done specifically to prevent a majority of the Court from controlling the Court's docket. However, in practice, it may be that a "Rule of Five" is often used at the behest of four justices (who would rather not hear the case than lose it).
The rule of four is not required by the Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
, any law, or even the Supreme Court's own published rules. Rather, it is a custom that has been observed since the Court was given discretion over which appeals to hear by the Judiciary Act of 1891
Judiciary Act of 1891
The Judiciary Act of 1891 , also known as the Evarts Act after its primary sponsor, Senator William M. Evarts, created the United States courts of appeals, and reassigned the jurisdiction of most routine appeals from the district and circuit courts to these appellate courts...
, Judiciary Act of 1925
Judiciary Act of 1925
The Judiciary Act of 1925 , also known as the Certiorari Act, was an act of the United States Congress which sought to reduce the workload of the Supreme Court of the United States....
and the Supreme Court Case Selections Act
Supreme Court Case Selections Act
The Supreme Court Case Selections Act of 1988 is an act of Congress that eliminated appeals as of right from state court decisions to the Supreme Court of the United States...
of 1988.