What is the Rule of Four in Supreme Court practice?

• A. At least four justices must vote to accept a case for Cert to be granted
• B. Four votes required in a panel of three to reach a decision
• C. Four circuits must agree on a case
• D. Four different opinions must be issued

Answer: (A)

The Rule of Four means that at least four of the nine Supreme Court justices must vote to grant a petition for certiorari before the Court will review a lower court decision. This is a discretionary process: most petitions are denied, but if four or more justices agree that the issue is worth addressing, the case is placed on the docket and the Court proceeds to briefing and argument. This rule ensures that a case can reach the Court even if a majority of justices do not want to grant cert, emphasizing selectivity in deciding which issues deserve a full hearing. It’s not about panels of three, circuits agreeing, or a required set of four separate opinions—the decision to hear a case rests on four votes, not on any broader or different grouping.