Rule of Four

Written By Jonathan Milner

Definition

It takes the approval of four justices to bring a case to the Supreme Court. Rule of four refers to a convention that for certiorari (sur-shee-uh-RAIR-ee) to be granted (which brings a case to the court) by the U.S. Supreme Court, four justices must vote in favor of the grant. The rule ordains that the votes of four Justices are needed to grant certiorari and bring a case before the Court for decision on the merits. Certiorari is an extraordinary writ issued by an appellate court, at its discretion, directing a lower court to deliver the record in the case for review. The U.S. Supreme Court uses certiorari to review most of the cases that it decides to hear. There are nine members of the Supreme Court and thus the rule of four means that even a minority on the court can help to control the docket.

Example

 
 

Questions

  1. What is the rule of four?

  2. How does the rule of four empower the minority on the court?

  3. Explain when and why the rule of four was invented:

  4. Attack or defend this statement: “The rule of four rocks my world!"

  5. Our current Supreme Court has nine members, imagine that the Court had only eight members, explain whether it would be wise to institute a rule of three:

  6. Imagine the Supreme Court of the United States (SCOTUS) abolished the rule of four. What would be the best and the worst consequences of this change?

  7. Find a good image or emoji to represent Rule of Four.

  8. How does the Rule of Four relate to the appellate process?

  9. Khruangbin is the greatest band in the world. They have only three members. If they created a rule that was similar to the rule of four but for a band of three what would that rule be?

  10. Khruangbin wears wigs whenever they perform. Do you think they should also wear robes? Would that make them a little bit like judges?

Remember!

Now, let’s commit this term to our long-term memory. On a scrap piece of paper, take 10 or 20 seconds to draw Rule of Four. Draw with symbols or stick figures if you wish. Nothing fancy. Don’t expect a masterpiece. No one else will see this but you. Look at your drawing. That’s all - now it’s downloaded into your memory. Destroy the piece of paper in a most delightful way.

Further Review

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Jonathan Milner

Civics Maven!

https://www.gopopro.com/
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