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By writ of certiorari, where the validity of a treaty or statute of the United States is drawn in question or where the validity of a State statute is drawn in question on the ground of its being repugnant to the Constitution, treaties or laws of the United States, or where any title, right, privilege or immunity is specially set up or claimed ...
[after the 1891 act, ] Congress gave the Court discretionary review authority over appellate decisions in diversity, patent, revenue, criminal and admiralty cases. Parties wishing to appeal such cases would file a petition for certiorari, which the Court could grant or deny without passing on the merits. [3]
In law, certiorari is a court process to seek judicial review of a decision of a lower court or government agency. Certiorari comes from the name of a prerogative writ in England, issued by a superior court to direct that the record of the lower court be sent to the superior court for review.
A petition for certiorari before judgment, in the Supreme Court of the United States, is a petition for a writ of certiorari in which the Supreme Court is asked to immediately review the decision of a United States District Court, without an appeal having been decided by a United States Court of Appeals, for the purpose of expediting the proceedings and obtaining a final decision.
The rejected certiorari petition was Dickson's first in this Court, and one can only speculate as to whether denial of that petition would have been a foregone conclusion." [9] Once a request for a writ of certiorari has been filed, the respondents may choose to file a brief in opposition to the request within 30 days (this too can be granted ...
Honolulu, urging that the Supreme Court deny review of a petition of certiorari asking whether Honolulu may essentially regulate greenhouse gas emissions for the nation and the world. It reads ...
The rule of four is a US Supreme Court practice that permits four of the nine justices to grant a writ of certiorari. It has the specific purpose to prevent a majority of the Court's members from controlling their docket. The rule of four is not required by the US Constitution, any law, or even the Court
The Supreme Court stayed the Circuit's mandate on May 8, 2020, and in June, the Justice Department filed a petition for a writ of certiorari which was opposed by the House Judiciary Committee. [15] On July 2, 2020, the Supreme Court granted the Justice Department request for a writ of certiorari appealing the decision of the Circuit Court, and ...