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On the basis of the evidence placed before them, previous law, the constitution and finally their own experience/interpretation.
Supreme court justices decide if laws are constitutional.
US Supreme Court Justices should not be influenced by Political pressure, popular opinion, or their own biases. They should only compare the case in the light of the US Constitution.
It requires the vote of at least four of the nine US Supreme Court justices to grant a petition for writ of certiorari. If four Justices agree, the Supreme Court will accept the case. This is referred to as the "Rule of Four."
Someone petitions the Supreme Court to review a case on appealThe lawyers submit briefsThe justices vote to decide which cases to hearThe Clerk schedules oral argumentsThe justices read all briefs and lower court documentsThe justices have their clerks research precedents and other informationThe justices listen to oral argumentsThe justices hold a case conference to discuss issues and take a voteOne justice is assigned to write the official opinion of the CourtThe opinion is circulated for commentsOther justices write concurring or dissenting opinions (optional)The decision is released to the parties and the general public
The US Supreme Court comprises nine justices who attempt to review every case as a complete Court. A quorum, the minimum number of justices who must participate in any given case, is six.