Also known as: writs of certiorari · certiorari
Written by attorneys · grounded in primary & secondary sources — see below
An extraordinary writ issued by an appellate court directing a lower court to deliver the record in a case for review. The writ is discretionary with the Supreme Court and serves as the primary mechanism for obtaining Supreme Court review of lower court decisions.
Warren Woods lost a contract dispute in the court of appeals after the trial court admitted settlement evidence. Woods petitioned for a writ of certiorari. The Supreme Court granted the writ and examined the full record. It affirmed the judgment because the admitted evidence did not affect the substantial rights of the parties.
Waverly Insurance sought a coastal development permit but objected to a public-access easement required by the commission. After losing in state court, Waverly petitioned for a writ of certiorari. The Supreme Court granted the writ and reviewed whether the condition constituted an unconstitutional exaction.
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Wellesley Media challenged an environmental regulation in the court of appeals and lost. It filed a petition for a writ of certiorari arguing the agency exceeded its statutory authority. The Supreme Court granted the writ to determine the proper standard for reviewing agency interpretations of law.
Walter Washington, a physician, challenged a state ban on assisted suicide after losing in the court of appeals. He petitioned for a writ of certiorari. The Supreme Court granted the writ to decide whether the Due Process Clause protects a right to assistance in ending one's life.
Wayne Walker, an immigrant facing deportation, prevailed in the court of appeals on a separation-of-powers claim. The government petitioned for a writ of certiorari. The Supreme Court granted the writ to examine whether a one-house legislative veto of an executive suspension of deportation violated the Constitution.
Willow West, a public official, sued a newspaper for libel after losing in state court. The newspaper petitioned for a writ of certiorari. The Supreme Court granted the writ to determine whether the First Amendment requires proof of actual malice in defamation actions brought by public officials.
A party files a petition asking the Court to direct the lower court to send up the record. The Court grants the writ only when at least four justices vote to hear the case, exercising complete discretion over its docket.
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Cases from the highest state courts involving federal questions, cases from federal courts of appeals, and certain decisions from specialized tribunals such as the Court of Appeals for the Armed Forces may be reviewed by certiorari.
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No. Denial of certiorari means only that the Court has declined to hear the case and carries no implication about the merits or correctness of the lower court decision.
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Yes. Article III permits Congress to make exceptions and regulations to the Court's appellate jurisdiction, including repealing specific statutory routes to certiorari review while leaving other avenues open.
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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…