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Selection of cases

Since the Judiciary Act of 1925 ("The Certiorari Act" in some texts), the majority of the Supreme Court's jurisdiction has been discretionary. Each year, the court receives approximately 9,000–10,000 petitions for certiorari, of which about 1% (approximately 80–100) are granted plenary review with oral arguments, and an additional 50 to 60 are disposed of without plenary review. A request for a writ of certiorari must be submitted within 90 days of the decision of the lower court. An extension of 60 days can be requested from the appropriate circuit justice; the justices vary in their willingness to grant extensions. The Court strictly enforces its requirements for the preparation and timely filing of certiorari petitions, in order to manage such a massive caseload. This occasionally results in harsh consequences, as Justice Thomas acknowledged in a 2007 opinion: "Just a few months ago, the Clerk, pursuant to this Court's Rule 13.2, refused to accept a petition for certiorari submitted by Ryan Heath Dickson because it had been filed one day late... Dickson was executed on April 26, 2007, without any Member of this Court having even seen his petition for certiorari. The rejected certiorari petition was Dickson's first in this Court, and one can only speculate as to whether denial of that petition would have been a foregone conclusion." Once a request for a writ of certiorari has been filed, the respondents may choose to file a brief in opposition to the request within 30 days (this too can be granted an extension).