Also known as: certiorari · writ of certiorari · cert jurisdiction · cert. jurisdiction
Written by attorneys · grounded in primary & secondary sources — see below
The Supreme Court's discretionary authority to review final judgments or decrees from lower federal courts and the highest state courts by granting a writ of certiorari. This authority is conferred by statute and remains subject to congressional exceptions and regulations under Article III.
Cascade Manufacturing lost a contract dispute in the court of appeals. It petitioned for certiorari. The Supreme Court granted the writ and examined the record. It affirmed the judgment after determining that any evidentiary error did not affect the company's substantial rights.
Canyon Construction challenged an EPA rule in district court and lost in the court of appeals. It sought Supreme Court review. The Court exercised its certiorari jurisdiction to decide whether the agency had properly followed required procedures.
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Cecilia Cabrera sued in state court under state tort law. After removal and affirmance in the court of appeals, she petitioned for certiorari. The Supreme Court used its certiorari jurisdiction to determine whether federal common law or state law governed the claim.
Cypress Technologies received a subpoena for documents in a criminal case. The President asserted privilege and lost in the court of appeals. The Supreme Court granted certiorari to resolve the scope of executive privilege claims.
Caleb Chang was convicted under a federal statute regulating guns near schools. After affirmance below, he petitioned for certiorari. The Supreme Court exercised its certiorari jurisdiction to decide whether the statute exceeded Congress's commerce power.
Cameron Cruz challenged a state assisted-suicide ban. After losing in the court of appeals, he sought Supreme Court review. The Court granted certiorari to determine whether the ban violated fundamental liberty interests.
Yes. Article III permits Congress to make exceptions and regulations to the Supreme Court's appellate jurisdiction. Congress may repeal a particular certiorari route while leaving other avenues of review intact.
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Congress may not eliminate all avenues of Supreme Court review of federal questions or all federal judicial review of constitutional claims. Repeal of one certiorari path is permissible if another route remains open.
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A pending petition becomes unreviewable when Congress validly repeals the statutory grant of appellate jurisdiction that authorized the petition. The repeal applies even to cases already filed if Congress clearly intends to withdraw that route.
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Section 2111 directs the Court to disregard errors or defects that do not affect the parties' substantial rights. The Court examines the entire record and affirms if the error was harmless.
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…(1971). III It might have been preferable if the defendant, pursuant to our Rule 20, had presented to us a petition for certiorari before judgment in the Court of Appeals with respect to the granting of the plaintiffs' prayer for declaratory relief. Our decisions in Mitchell v. Donovan , 398 U. S. 427 (1970), and…