Supreme Court Rules, Practices, and Traditions

Processes

CourtSpeak: The Discuss List

On September 27, 2001, in a lecture at the University of Guanajuato in Mexico, Chief Justice William Rehnquist spoke about the Court’s discuss list: “Shortly before each conference, I send out a list of the petitions to be decided during that conference that I want to discuss. Each of the other Justices may ask to have additional cases put on the ‘discuss list.’ If at any particular conference there are 100 petitions to be decided, there may be anywhere from 15 to 30 that are on the discuss list. The petitions for certiorari that are not discussed are denied without any recorded vote.”