Step 1 · Start
Party Files a Petition for Review
A losing party in a lower court asks the Supreme Court to review their case, beginning the appeals process.
Step 2
Case Added to the Docket
The petition is officially logged on the Court's docket — the formal record of all proceedings and scheduled filings in the case.
Step 3 (if U.S. govt. is involved)
Solicitor General Reviews the Case
The Solicitor General — the government's chief courtroom representative and deputy to the Attorney General — reviews the petition and may advise whether the Court should grant review.
Step 4 (optional)
Amicus Curiae Briefs Filed
Amicus curiae ("friend of the court") — outside individuals or organizations not party to the case — may submit briefs offering relevant expertise, information, or perspective to help inform the justices before they vote.
Step 5 · Decision Point
◆ Rule of Four Vote on Certiorari
All nine justices privately vote on whether to accept the case. The unwritten Rule of Four requires at least 4 of 9 justices to agree to grant the writ of certiorari. Which way does the vote go?
NO — Denied
⛔ Writ of Certiorari DENIED
Fewer than 4 justices voted to hear the case. The lower court's ruling stands.
The case ends here.
YES — Granted
✅ Writ of Certiorari GRANTED
At least 4 justices voted to hear the case. The Court will formally review it.
Proceed to Step 6.
Step 6
Parties Submit Written Briefs
Both sides submit formal written briefs — concise legal documents laying out their arguments, supporting laws, and key facts. Additional amicus curiae briefs may also be filed at this stage.
Step 7
Oral Arguments Heard
Attorneys present spoken oral arguments before the full Court — typically 30 minutes per side. Justices may interrupt to ask probing questions directly from the bench.
Step 8
Justices Meet in Conference
The justices gather privately in conference — away from all public view — to deliberate, cast their votes on the merits, and assign the writing of majority and minority opinions.
Step 9 · Final Decision
The Court Issues Its Ruling
The majority opinion is announced publicly. Justices who agree for different reasons may write concurring opinions; those who disagree write dissenting opinions. The ruling takes one of the forms below.
Possible Rulings
Ruling A
Affirm
The Court agrees with the lower court. The original ruling stands unchanged.
Ruling B
Reverse
The Court overturns the lower court's decision entirely.
Ruling C
Remand
The case is sent back to the lower court for further action per the Court's guidance.
Ruling D
Reverse & Remand
The Court overturns the lower ruling AND sends it back with specific instructions.
Ruling E
Affirm in Part / Reverse in Part
The Court upholds some portions of the lower ruling while overturning others.