AI還是有用的,可以當法律助手幫助掃盲,其實我最擔心的是豬黨利用同樣的法院程序來推動控槍判例,最高法院最好少參與此類案件。
Supreme Court can delay acting on a cert petition indefinitely—there’s no fixed deadline for deciding whether to take up a case. But let’s unpack how it actually works:
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1. Filing Deadlines for the Petition
Once a lower appellate decision or judgment is issued, parties usually have 90 days to file a petition for a writ of certiorari—this can be extended up to 60 additional days if a Justice grants good cause .
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2. The Certiorari Review Process
The Court receives roughly 9,000–10,000 petitions per term.
Clerks screen these and recommend a handful for Discussion at the Justices' weekly conferences, usually held October through June .
If four justices vote (“rule of four”), the case is “granted” and placed on the merits docket .
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3. How Long the Court Can Delay
Denied petitions are typically disposed of within a few months, but there’s no statutory timeline.
If none of the Justices pulls your petition for conference, it may simply fade from consideration—you might never receive a definitive rejection.
The Court’s term runs October–June, meaning petitions filed in late spring could linger without action until the next term begins .
This means that absent special steps, a petition can effectively be on ice for a year—or even longer—with no ruling at all.
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4. Emergency (Shadow Docket) Alternative
For urgent matters—like red flag challenges where enforcement is imminent—parties may file emergency applications (e.g., stays or injunctions).
These are handled on the shadow docket, often on an accelerated timeline, sometimes in days or weeks .
However, shadow-docket decisions are narrow and don't mean the Court will grant full review.
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5. Red Flag Laws Example
If someone sues over a state red flag law and loses in the appeals court, they may file a cert petition. But:
Without a vote of four justices, the Supreme Court may never take it up.
Even if they do, it might not be scheduled until well into the next term.
Meanwhile, only an emergency shadow‑docket action could offer quick, temporary relief—but not a full constitutional ruling.
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Bottom Line
There's no deadline for the Supreme Court to act on certiorari. A petition may remain unresolved for months or even years.
The Justices only decide to act when they choose—especially for controversial policies like red flag laws.
Urgent relief can sometimes be sought through the shadow docket, but that doesn’t guarantee a full hearing or a nationwide ruling.