Supreme Court Search Tips: Contentious Cert Denials

October 3, 2011

How does one find Supreme Court cases where certiorari was denied, but the dissenting opinion states that the Justice writing the dissent would have granted certiorari?  Try this in the Westlaw SCT database or the Supreme Court jurisdiction on WestlawNext:

(scalia +5 “would grant certiorari”) (DIS(j. justice /3 scalia) and “WOULD GRANT CERTIORARI”)

Other Helpful Cert Content

Of course, petitions for Writ of Certiorari can be found on Westlaw (SCT-PETITION) and on WestlawNext:

Joint Appendices (SCT-JA on Westlaw, U.S. Supreme Court Joint Appendices on WestlawNext): Once Cert is granted, Supreme Court Rule 26 requires petitioners to file 40 copies of a joint appendix which must inlcude: (1) the relevant docket entries in all the courts below; (2) any relevant pleadings, jury instructions, findings, conclusions, or opinions; (3) the judgment, order, or decision under review; and (4) any other parts of the record that the parties particularly wish to bring to the Court’s attention.  See for example, the  Citizens United v. Federal Election Commission Joint Appendix at 2009 WL 62995 (Approx. 85 pages).