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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 cert pool is a mechanism by which the Supreme Court of the United States manages the influx of petitions for certiorari ("cert") to the court. It was instituted in 1973, as one of the institutional reforms of Chief Justice Warren E. Burger on the suggestion of Justice Lewis F. Powell Jr. [1]
A party who wants the Supreme Court to review a decision of a federal or state court files a "petition for writ of certiorari" in the Supreme Court. A "petition" is printed in booklet format and 40 copies are filed with the Court. [33] If the Court grants the petition, the case is scheduled for the filing of briefs and for oral argument.
In England, the Administrative Court (part of the Queen's Bench Division of the High Court of Justice) now issues "quashing orders" rather than writs of certiorari. [11] In the United States, the Supreme Court of the United States grants writs of certiorari "to review questions of law or to correct errors or excesses by lower courts". [12]
By petition for a writ of certiorari, filed by a party to a case that has been decided by one of the United States courts of appeals or by the United States Court of Appeals for the Armed Forces. By petition for writ of certiorari with respect to a decision of one of the territorial or state courts , after all state appeals have been exhausted ...
IFP petitions are governed by Supreme Court Rule 39, which states in relevant part: If satisfied that a petition for a writ of certiorari, jurisdictional statement, or petition for an extraordinary writ is frivolous or malicious, the Court may deny leave to proceed in forma pauperis.
United States v. Miller: 23-824: Whether a bankruptcy trustee may avoid a debtor’s tax payment to the United States under when no actual creditor could have obtained relief under the applicable state fraudulent-transfer law outside of bankruptcy. June 24, 2024: December 2, 2024 United States v. Skrmetti: 23-477
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