Supreme Court Declines Review in Over 99% of Petitions, Affirming Lower Court Rulings

Conservative commentator Dinesh D'Souza announced on social media on December 5, 2025, that a "Major Supreme Court ruling" had been "denied." While the specific case D'Souza referred to remains unidentified, his statement highlights a common, yet often misunderstood, aspect of the U.S. Supreme Court's operations: the denial of a petition for a writ of certiorari.

A denial of certiorari signifies the Supreme Court's decision not to hear an appeal. This procedural action means that the judgment of the lower court, typically a federal court of appeals or a state's highest court, stands as final. It is crucial to understand that such a denial does not imply the Supreme Court's approval or disapproval of the lower court's legal reasoning or outcome.

The Supreme Court exercises discretionary review, meaning it chooses which cases to hear. Out of approximately 7,000 to 8,000 petitions filed annually, the Court grants certiorari in only about 80 to 150 cases. This indicates that over 99% of cases seeking Supreme Court review are denied. A minimum of four justices must vote to grant review for a case to be heard, a principle known as the "Rule of Four."

The Court generally selects cases that present significant national legal questions, resolve conflicts among lower courts, or address constitutional issues. Denials are typically issued without explanation, leaving the lower court's decision undisturbed and without establishing a binding precedent for other jurisdictions. This process underscores the Court's role in shaping, rather than merely reviewing, federal law.

D'Souza, known for his impactful and often controversial political commentary, films, and books, frequently engages with current events and judicial matters through his platform. His tweet, while lacking specifics, serves as a prominent public acknowledgment of the Supreme Court's selective process and the finality it imposes on the vast majority of cases it declines to review.