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To: Non-Sequitur
“When they refuse to hear a case it’s the equivilent of placing the court’s seal of approval on the lower court’s decision.”

A common misconception.

This is from Techlawjournal.com:

“Someone who is dissatisfied with the ruling of the Court of Appeals can request the U.S. Supreme Court to review the decision of the Court of Appeals. This request is named a Petition for Writ of Certiorari. The Supreme Court can refuse to take the case. In fact, the Court receives thousands of “Cert Petitions” per year, and denies all but about one hundred. If the Court accepts the case, it grants a Writ of Certiorari.

“Review on writ of certiorari is not a matter of right, but a judicial discretion. A petition for writ of certiorari will be granted only for compelling reasons.” Rule 10, Rules of the U.S. Supreme Court.

The U.S. Supreme Court’s certiorari process is covered in Rules 10-16, Rules of the U.S. Supreme Court.

The effect of denial of certiorari by the U.S. Supreme Court is often debated. The decision of the Court of Appeals is unaffected. However, the decision does not necessarily reflect agreement with the decision of the lower court.”

16 posted on 12/19/2007 7:14:56 PM PST by marktwain
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To: marktwain
However, the decision does not necessarily reflect agreement with the decision of the lower court.

I know a number of lawyers and they would disagree with that assessment. If the Supreme Court refuses to grant a writ of Certiorari it is generally because they do not believe the lower court decision needs review. In a constitutional case, like Quirelli v. Morton Grove, you had the first instance where a municipality outlawed the ownership of firearms. Yet the Supreme Court refused to hear the case but instead let the lower court ruling stand. The reaon is that they saw nothing in the lower court ruling that needed review.

17 posted on 12/20/2007 4:17:53 AM PST by Non-Sequitur (Save Fredericksburg. Support CVBT.)
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