Story thread · 2 reports / 1 sources

The rule of four and role of custom on the Supreme Court

scotusblog.com · 2hShare

When the justices return to meet in conference next week and take the bench on Oct. 5, the first day of the 2026-27 term, a major focus will be on what new cases the court will add to its docket for oral argument and decision. At the center of deciding what cases to decide is a 100-year-old custom known as the rule of four. Simply put, this rule means that the court will hear a case when four justices vote in favor, even if a majority of justices did not want to do so. This sounds straightforward, but it comes with an interesting history and quite a few wrinkles. Some background may be helpful. As most SCOTUSblog readers are likely aware, when the losing party in a lower court takes a case to the Supreme Court, the vehicle is called a petition for certiorari , which in Latin means “to be more fully informed.” In most of the 19th century, the path to the high court was a direct appeal, and the justices had to decide most cases that came their way. Then in 1891, in part to ease Supreme C

First report: Some lessons of open-minded discourse on the Supreme Court — scotusblog.com, 3d