Glossary D

Denial of Certiorari

A denial of certiorari occurs when the U.S. Supreme Court declines to review a lower court's decision. The denial leaves the lower court's judgment in place for the parties, but it usually does not express the Supreme Court's view on the merits of the legal question.

A denial of certiorari occurs when the U.S. Supreme Court declines to review a lower court’s decision. The denial leaves the lower court’s judgment in place for the parties, but it usually does not express the Supreme Court’s view on the merits of the legal question.

Example: The Supreme Court’s published orders include lists of certiorari petitions it denies each term, alongside petitions it grants or otherwise disposes of.

Common misconception: A denial of certiorari means the Supreme Court agrees with the lower court’s reasoning. The Court may deny review for many reasons, and the denial generally does not decide the merits.

Sources: https://www.supremecourt.gov/visiting/activities/pdf/AboutTheCourtBooklet_February2026.pdf; https://www.supremecourt.gov/orders/ordersofthecourt/23