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How does the U.S. Supreme Court decide whether to hear a case
In the usual course, a party seeking review in the U.S. Supreme Court will file a petition asking the
Court to issue a "writ of certiorari." This petition will include a copy of the lower court's opinion in the
case and a brief stating why the Court should agree to review it. The "respondent," who typically does not
wish the Court to hear the case because he or she is satisfied with the opinion by the court of appeals,
may file a brief in opposition to the petition. The Court will then either deny the petition (its action in most
cases) or grant it, and command the federal or state court to transmit the record of the case to the U.S.
Supreme Court for its review. In his book The Supreme Court: How It Was, How It Is (Morrow and
Co., NY 1987), Chief Justice Rehnquist describes the process of selecting which petitions to grant as
being influenced by the justices' views on three major factors: whether the lower court's opinion is in
conflict with the opinions of other courts; the general importance of the case; and whether the lower court's decision may be wrong in light of the U.S. Supreme Court's previous opinions
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