Every year, the U.S. Supreme Court issues rulings that shape American life, affecting voting rights, education, immigration, technology, and criminal justice. Although the Court’s decisions are widely reported, the steps that lead a case to the Supreme Court are rarely discussed. Out of thousands of cases decided each year, only a small fraction ever make it to the Court. Understanding that path helps explain why certain legal disputes rise to national prominence while most never reach Washington at all.
The Journey Begins: Trial Courts and Appeals
Every Supreme Court case starts somewhere else. Most federal court cases begin in a U.S. District Court, where evidence is presented, witnesses testify, and judges decide questions of fact and law. If a party loses in District Court, they can appeal to the U.S. Court of Appeals for their circuit, which reviews the case for legal errors rather than reweighing evidence.
Cases beginning in state courts can also reach the Supreme Court if they raise a federal question, such as a constitutional right or an interpretation of federal law. These cases must first move through the state’s appellate courts and reach the state’s highest court. Only then can the losing party petition the U.S. Supreme Court for review.
In both systems, a case must exhaust normal appellate pathways before the Supreme Court can be asked to intervene.
How the Court Decides What to Hear
There are specific Supreme Court procedures for case review, starting with a party filing a petition for a writ of certiorari. The Court receives 7,000–8,000 petitions each term, and it typically hears 80–100 cases, which is about 1% of requests. A cert petition is not an automatic appeal. Instead, it asks the justices to exercise their discretion, which they grant only in select circumstances.
The Supreme Court follows a long-standing tradition known as the Rule of Four, which means at least four of the nine justices must vote to hear a case. If fewer than four vote yes, the petition is denied, and the lower court’s ruling stands.
Because the Supreme Court receives thousands of petitions each year and can only hear a limited number of cases, the justices focus almost exclusively on disputes that raise significant national or constitutional issues. As a result, the vast majority of petitions are denied, allowing the lower court's decision to stand. This doesn't mean the Court necessarily agrees with that ruling, but the case may not meet the Court’s criteria for review.
The Supreme Court selects cases that raise issues of broad legal significance. Common reasons include:
1. Conflicts Among Lower Courts (Circuit Splits)
When federal appellate courts disagree on how to interpret a law or constitutional provision, the Supreme Court may intervene to resolve the inconsistency.
2. National Importance
Cases involving fundamental rights, federal regulatory authority, separation of powers, or other widespread issues often rise to the Court’s attention.
3. Clarifying or Upholding Precedent
If a lower court contradicts or misinterprets a Supreme Court ruling, the justices may step in to maintain uniform legal standards.
4. Emerging Issues
The Court sometimes hears cases involving developing legal areas involving things like technology, surveillance, privacy, or evolving regulatory frameworks where nationwide guidance is needed.
5. Federal Questions Decided by State Courts
If a state’s highest court decides a case involving federal law or constitutional interpretation, the losing party may ask the Supreme Court to review it.
Birthright Citizenship Case Before the Supreme Court
An example of a dispute's path toward Supreme Court review is a recent case involving birthright citizenship under the 14th Amendment. The U.S. Supreme Court has agreed to review the constitutionality of President Donald Trump’s executive order restricting birthright citizenship. The order declares that children born in the United States to parents who are in the country illegally or temporarily are not automatically U.S. citizens.
The case reached the Court after multiple lower courts struck down the order, preventing it from taking effect anywhere in the country. The Supreme Court will hear arguments in the spring, with a final decision expected by early summer.
The executive order, signed at the start of Trump’s second term, is part of a broader immigration crackdown by the administration. Other measures include expanded immigration enforcement operations, the attempted use of the Alien Enemies Act to deport alleged gang members without court hearings, and efforts to deploy National Guard troops for immigration enforcement, some of which the Supreme Court has temporarily blocked or allowed to proceed in limited form.
The central legal question in this case is whether the executive order violates the 14th Amendment, which has long been interpreted to grant citizenship to nearly everyone born on U.S. soil, with narrow exceptions for children of foreign diplomats or occupying forces.
Lower courts across the country have consistently ruled that the order is unconstitutional or likely unconstitutional. The case is being led by the American Civil Liberties Union on behalf of children and parents who would lose automatic citizenship under the order.
What Happens After the Court Agrees to Hear a Case
Once the Supreme Court agrees to hear a case, it moves through several stages:
1. Briefing. Both parties submit written briefs outlining their legal arguments. Outside groups, governments, and experts may file amicus curiae briefs offering additional perspectives.
2. Oral Argument. Attorneys for each side present arguments before the Court and answer questions from the justices. Audio recordings are later made publicly available.
3. Private Conference and Vote. The justices meet behind closed doors to discuss the case and vote.
4. Opinion Writing. A justice in the majority is assigned to write the Court’s opinion. Other justices may write concurring or dissenting opinions. Once published, the ruling becomes binding federal law.
Supreme Court decisions often shape national policy and public debate for decades, but the process that brings a case before the Court is deliberate and demanding. From trial court to certiorari petition to oral argument, each stage filters out cases until only those with the greatest legal significance remain.
By understanding this path, readers can better appreciate why certain disputes rise to the highest level and why Supreme Court rulings have such sweeping legal and social consequences.
