NCJ Number
92787
Date Published
1984
Length
14 pages
Annotation
The caseload of the United States Supreme Court is growing so burdensome that Congress should create both a commission to study the problem and a special temporary panel of judges to decide all intercircuit conflicts.
Abstract
The load has increased from 1,463 cases on the docket and 65 signed Court opinions in 1953 to 5,311 cases on the docket and 141 signed opinions in 1982. At the same time, the cases' content and complexity have changed drastically; in many cases, few precedents exist to guide the courts. The burden on the Supreme Court can be expected to continue growing. While the creation of an intermediate appellate court was recommended by the Freund Committee in 1972 and the House of Delegates of the American Bar Association in 1974 and 1976, the need for such a court is much more urgent today. A vigorous debate and discussion are needed, because only fundamental changes in structure and jurisdiction will provide an adequate solution. Several possible solutions have been suggested: an intermediate court of appeals, an intermediate National Court of State Appeals to review decisions of State courts on Federal constitutional questions, and two intermediate courts of appeals (one for criminal cases and one for civil cases). Also recommended are nine additional justices authorized as a separate panel of the Supreme Court with jurisdiction over all but criminal and constitutional cases. While considering permanent solutions, Congress should create a temporary panel of the new United States Court of Appeals for the Federal Circuit. This panel would have special and narrow jurisdiction to decide all intercircuit conflicts, thus taking as many as 35 to 50 cases a year from the argument calendar of the Supreme Court. Eight footnotes are supplied.