What is the difference between a writ of certiorari and an appeal in the U.S. Supreme Court?

• A. The Court grants appeals as a matter of course in all cases.
• B. Both are discretionary; there is no difference.
• C. An appeal requires Supreme Court jurisdiction; certiorari can be used for lower court decisions only.
• D. A writ of certiorari is a discretionary grant of review; an appeal is a right to challenge a judgment (where available), but the Supreme Court mostly uses certiorari.

Answer: (D)

The key idea is how the Supreme Court chooses cases. A writ of certiorari is a discretionary grant of review the Court issues to select cases from lower courts. The justices pick relatively few cases they think involve important federal questions, conflicts among lower courts, or significant constitutional issues. If the Court denies certiorari, the lower court’s ruling stands. An appeal, on the other hand, is a challenge to a judgment that, in some contexts, can be brought as a matter of right. The Supreme Court does not generally provide automatic appeals; there is no broad right to appeal to the Court. Instead, most cases reach the Supreme Court through certiorari, with the Court deciding which ones to hear.