How to Take a Case to the Supreme Court
Founded in 1789, the Supreme Court of the United States (SCOTUS) exists as the highest court in the land and cases heard by the 9 justices that sit on the bench have progressed through the judicial system, appealed by the losing party. Less than 5 percent of the cases filed with the Supreme Court receive a hearing.
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Instructions
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Lose your case in a lower state court. This is the most common step in the process towards the Supreme Court. Most cases originate in a District or a Federal Court when the party who does not prevail believes a higher court will rule differently.
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Obey strict timelines when you want to appeal your case to the Supreme Court. After you lose in a state trial court, you will move on to your state's appellate court. Within a specified period, sometimes as short as a few days, you will file an appeal to have a higher court hear your case. If you miss your state's deadline, you may lose your right to file again.
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Try your case in your state's highest court system if you lose in the appellate court. For instance, the California Supreme Court hears cases appealed after one party is unhappy with a court decision from a California Appellate Court.
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File your case with the SCOTUS. This is the final step in your legal journey. Thousands of cases apply for a hearing every year but the panel of nine will hear fewer than 200. You will file a writ of certiorari, which is the Latin term for "seeking judicial review."
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Present your case in the clearest terms possible and illustrate how your case sets a precedent for interpreting constitutional law. Legal aids sort through the cases first and choose those with qualifying criteria. If your case depends upon a clarification of a portion of our Constitution, you have a better chance of receiving a SCOTUS decision.
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Do your legal homework before filing with the SCOTUS. You must show cause for your case to succeed Additional reasons the justices grant hearings might be because a federal law interpretation by a lower court is suspect or because a lower court ruling is in direct opposition to a previous SCOTUS decision.
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Tips & Warnings
Appealing a case all the way to the SCOTUS is an expensive process as court fees and attorney fees are applicable. In the case of a criminal defendant appealing, he will be liable for payment unless he is subject to a court-appointed attorney.
