Will my case be scheduled for oral argument?

The Supreme Court does not hear oral argument in every case. In most cases, after all briefs have been filed, the court reviews them to decide whether oral argument will be helpful in deciding the case. Often, after reviewing the briefs and the record on appeal (the transcript, if one was ordered, and any documents that have been included in an appendix or transferred from the trial court), the Supreme Court decides that oral argument is not necessary to make a decision in the case. When this happens, the court issues a brief order explaining its reasons for either affirming or reversing the trial court. In fact, most cases are decided without oral argument.

If the Supreme Court decides that oral argument would be helpful, the case will be scheduled on the next available oral argument date. Some cases are scheduled for oral argument before all five Supreme Court justices (full court), while some cases are scheduled for oral argument before a panel of three Supreme Court justices (3JX). An order issued by a 3JX panel applies to the parties in that particular case only; it does not serve as precedent for any other case.