CASELOAD OF THE SUPREME COURT AND WHAT, IF ANYTHING, TO DO ABOUT IT

• NCJ Number: 13427
• Author(s): A M BICKEL
• Date Published: 1973
• Length: 39 pages
• Corporate Author: American Enterprise Institute for Public Policy Research
• Sale Source: American Enterprise Institute for Public Policy Research
• Language: English
• Country: United States of America

Annotation

PROBLEMS, SOLUTIONS, AND CRITICISMS OF THE FREUND COMMISSION REPORT WHICH RECOMMENDS A NEW NATIONAL COURT OF APPEALS.

Abstract

AN HISTORY OF THE SUPREME COURT IS GIVEN, SHOWING THE INCREASE IN CASELOAD THROUGHOUT THE YEARS, AND REFORMS INSTITUTED TO COUNTERACT THE RISE. THE STUDY GROUP RECOMMENDED THE INSTITUTION OF A NATIONAL COURT OF APPEALS TO SCREEN ALL CASES IN WHICH ULTIMATE SUPREME COURT REVIEW IS SOUGHT. CRITICISMS OF THIS SOLUTION ARE LISTED. THESE INCLUDE CLAIMS THAT THIS WOULD REDUCE SUPREME COURT CONTROL, IMPAIR THE COURT'S ABILITY TO REVIEW LAWS, AND REDUCE CITIZEN ACCESS TO THE SUPREME COURT. THE SUGGESTION HAS BEEN MADE THAT SUCH A COURT WOULD BE A VIOLATION OF THE CONSTITUTION. THESE ARGUMENTS ARE COUNTERED, AND THE AUTHOR ARGUES THAT ANY OTHER SOLUTION, INCLUDING REVIEW OF CASES BY JUDICIAL STAFF, COULD TURN THE SUPREME COURT INTO JUST ANOTHER ADMINISTRATIVE AGENCY. RECENT GROWTH IN LAWS AND POPULATION, THE AUTHOR STATES, MAKE SUCH MEASURES NECESSARY TO ENSURE TRUE JUSTICE.