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The Supreme Court is unique among federal courts in that it chooses - using the writ of certiotari - which cases it will decide. Justice Brennan once noted that this discretionary power is "second to none in importance." This article examines the institutional politics behind this certiorari process. Specifically, it uses an original dataset of Justices' agenda-setting votes from 1986 to 1993 to show how Justices use the rules that govern certiorari to pursue ideological goals. In addition, and in contrast to existing qualitative accounts, the data suggest some Justices queue off of the Chief Justice's vote giving the Chief's …

Scholars spend a lot of time considering the legitimacy and implications of the Supreme Court striking down federal laws by use of judicial review. Similarly, there is a large literature focusing on the Court's power and obligation to manage the federal judiciary through its certiorari powers over its own docket and its ability to reverse lower courts. There is almost no work, however, that examines the interplay of the Court's judicial review powers and its managerial authority. Scholars have overlooked this intersection because they implicitly understand the power of judicial review and the federal hierarchy as institutions based on vetoes. …