Understanding Writ of Certiorari
Writ of certiorari is a legal term that refers to a request for judicial review of a lower court’s decision. It is typically issued by a higher court, such as the Supreme Court, to determine whether the lower court made any legal errors in its judgment. This process allows the higher court to decide which cases it will hear and provides a mechanism for resolving inconsistencies in the application of the law.
How Writ of Certiorari Works
When a party is dissatisfied with a lower court’s decision, they can petition the higher court for a writ of certiorari. The higher court will then review the lower court’s record to determine if there are any legal issues that warrant further examination. If the higher court decides to grant certiorari, it may choose to hear the case and issue a ruling on the matter.
Examples of Writ of Certiorari
One famous example of a writ of certiorari is the case of Brown v. Board of Education. In this landmark Supreme Court case, the court granted certiorari to review the constitutionality of racial segregation in public schools. The court ultimately ruled that segregation was a violation of the Equal Protection Clause of the Fourteenth Amendment, leading to the desegregation of schools across the country.
Case Studies
Another example of the writ of certiorari in action is the case of Obergefell v. Hodges. In this case, the Supreme Court granted certiorari to consider the constitutionality of state bans on same-sex marriage. The court ultimately ruled that such bans were unconstitutional, establishing marriage equality as the law of the land.
Statistics on Writ of Certiorari
According to the Supreme Court’s own statistics, the court receives thousands of petitions for certiorari each year but only grants a small percentage of them. In recent years, the court has granted certiorari in less than 1% of cases, highlighting the selective nature of the process.
