Timeline for Can the Supreme Court perpetually deny petitions for certiorari?
Current License: CC BY-SA 4.0
9 events
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Jun 27, 2023 at 6:55 | comment | added | SoronelHaetir | Congress could also change the law removing court discretion regarding certain types of cases (my understanding is that the current cert process came into being in the early 1900s). | |
Mar 25, 2019 at 15:35 | comment | added | sharur | @BenVoigt: I'm answering on the second question, contained in the body: "What, if anything, prevents the Supreme Court from perpetually denying all petitions for certiorari?" Answer: If the Supreme Court does nothing, they could potentially be removed by Congress.That this remedy is not specific to this scenario does not make it useless. | |
Mar 23, 2019 at 17:20 | comment | added | Ben Voigt | Strictly speaking, "if (condition here), the Supreme Court justices could be impeached by the House of Representatives, and then removed from office by the Senate" is true for absolutely any choice of condition. This answer is useless. | |
Mar 23, 2019 at 1:30 | comment | added | cpast | @David No, federal cases are virtually all also by cert. IIRC only decisions of three-judge panels of district courts come via appeal. | |
Mar 22, 2019 at 23:15 | comment | added | David Siegel | And in addition to the cases it decides to hear, the Court spends quite a lot of time screening cases to select the ones to be heard. I believe that over 4000 cases have been presented for court attention in most recent years. | |
Mar 22, 2019 at 23:12 | comment | added | David Siegel | The House may pass Articles of Impeachment for anything it decides constitutes an impeachable offense. The Senate may convict on any Impeachment it thinks fit. There are no enforceable standards beyond the judgement of members of Congress. One President (Nixon) and one Justice (Fortas) resigned in the face of probable Impeachment. Several lower level federal judges have been impeached and removed from office, mostly for official corruption, I believe. | |
Mar 22, 2019 at 23:06 | comment | added | David Siegel | Note that the Court could deny all cert petitions and still hear a significant number of appeals from lower federal courts -- cert petitions are used to bring up state cases. Moreover there are some state cases which come by different procedural routes. | |
Mar 22, 2019 at 21:33 | comment | added | Geremia | So the checks-and-balances on the Supreme Court is Congress. | |
Mar 22, 2019 at 19:46 | history | answered | sharur | CC BY-SA 4.0 |