2.3 Supreme Court Jurisdiction and Case Selection

The Supreme Court's jurisdiction and case selection process are crucial to its role in shaping U.S. law. Article III of the Constitution outlines the Court's original and appellate jurisdiction, while the Judiciary Act of 1789 further defined its powers.

The Court's certiorari process allows it to choose which cases to hear, guided by Rule 10 considerations. This discretionary power enables the Court to address important legal issues, resolve conflicts between lower courts, and shape constitutional interpretation.

Supreme Court Jurisdiction

Original and Appellate Jurisdiction in Article III

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• Article III, Section 2 of the Constitution establishes the jurisdiction of the Supreme Court, distinguishing between original and appellate jurisdiction
• The Supreme Court has original jurisdiction in cases involving:
  • Disputes between states
  • Cases involving ambassadors or public ministers and consuls
  • Cases in which a state is a party against citizens of another state or aliens
• The Supreme Court has appellate jurisdiction, with such exceptions and regulations as Congress shall make, in all other cases arising under the Constitution, federal laws, and treaties

Defining and Affirming Supreme Court Jurisdiction

• The Judiciary Act of 1789 further defined the Supreme Court's appellate jurisdiction, allowing it to review decisions from lower federal courts and state courts on federal questions
• Marbury v. Madison (1803) established the principle of judicial review, affirming the Supreme Court's power to review the constitutionality of actions by the legislative and executive branches

Certiorari Process and Criteria

Petitioning for Certiorari

• Most cases reach the Supreme Court through a petition for a writ of certiorari, which is a request for the Court to review a lower court's decision
• Four of the nine justices must vote to grant certiorari for a case to be heard by the Supreme Court (the "rule of four")
• The Supreme Court receives thousands of petitions each year but grants certiorari to only a small fraction of cases (typically around 70-80 per term)

Rule 10 Considerations for Granting Certiorari

• Rule 10 of the Supreme Court Rules outlines the considerations for granting certiorari, including:
  • Conflicting decisions among federal circuit courts or state courts on important federal questions
  • Decisions by lower courts that conflict with Supreme Court precedents
  • Important federal questions that have not been settled by the Supreme Court
  • Decisions by lower courts that deviate from the accepted and usual course of judicial proceedings

Factors Influencing Case Selection

Legal and Constitutional Factors

• The importance of the federal question involved and its potential impact on constitutional law and society
• The presence of a split or conflict among lower courts on the interpretation of federal law
• The need to clarify, modify, or overrule existing Supreme Court precedents

Justices' Interests and External Influences

• The interests and expertise of individual justices in certain areas of law
• The potential political and social implications of the case and the Court's decision
• The quality of the petition and the lower court record in presenting the issues for review
• The views of the Solicitor General, who represents the federal government before the Supreme Court and files amicus curiae briefs in cases of interest

Supreme Court Discretionary Power

Shaping Constitutional Law and Legal Doctrine

• The Supreme Court's discretionary jurisdiction allows it to strategically choose cases that have the greatest potential to shape constitutional interpretation and legal doctrine
• By selecting cases that address critical constitutional issues or resolve conflicts among lower courts, the Supreme Court can provide clarity and uniformity in federal law
• The Court's case selection process enables it to respond to changing social, political, and legal contexts and address emerging constitutional questions

Reflecting Priorities and Managing Workload

• The Supreme Court's docket reflects the justices' priorities, judicial philosophies, and the Court's institutional role in the constitutional system
• The Court's discretionary power allows it to manage its workload and focus on cases of national significance while leaving other issues to be resolved by lower courts or the political branches
• Critics argue that the Court's discretionary jurisdiction may lead to the neglect of important constitutional issues or the perpetuation of conflicts among lower courts in some areas of law