<P> In theory, each Justice's clerks write a brief for the Justice outlining the questions presented, and offering a recommendation as to whether certiorari should be granted; in practice, most Justices (all of the current court, except Justices Alito and Gorsuch) have their clerks participate in the cert pool . </P> <P> During the Justices' regular conference, the Justices discuss the petitions, and grant certiorari in less than five percent of the cases filed . (During the 1980s and 1990s, the number of cases accepted and decided each term approached 150 per year; more recently, the number of cases granted has averaged well under 100 annually). Before each conference, the Chief Justice prepares a list of those petitions he believes have sufficient merit to warrant discussion . Any other Justice may also add a case to the "discuss list"; cases not designated for discussion by any Justice are automatically denied review . The Court or a Justice may also decide that a case be "re-listed" for discussion at a later conference; this occurs, for example, where the Court decides to request input from the Solicitor General of the United States on whether a petition should be granted . </P> <P> The votes of four Justices at Conference (see Rule of four) will suffice to grant certiorari and place the case on the court's calendar . If the Supreme Court grants certiorari (or the certified question or other extraordinary writ), then a briefing schedule is arranged for the parties to submit their briefs in favor of or against a particular form of relief . During this time, an individual or group having an interest in a case but not a party to the case may submit a motion to appear before the court as amicus curiae ("friend of the court"). Except for certain specific categories (such as lawyers for state and local governments) or where all parties to the case consent, it is in the Court's discretion whether such motions are granted . </P> <P> The grant or denial of certiorari petitions by the Court are usually issued as one - sentence orders without explanation . </P>

How many justices must vote to hear a case before the supreme court hears the case