NCJ Number
15769
Journal
Yale Law Journal Volume: 83 Issue: 5 Dated: (APRIL 1974) Pages: 883-899
Date Published
1974
Length
17 pages
Annotation
CRITIQUE OF A RECOMMENDATION THAT A NEW APPELLATE COURT BE CREATED TO SCREEN ALL PETITIONS FOR REVIEW NOW FILED IN THE SUPREME COURT AND TO HEAR AND DECIDE ON THE MERITS MANY CASES OF CONFLICTS BETWEEN CIRCUITS.
Abstract
THIS SUGGESTION WAS OFFERED BY A STUDY GROUP ON THE CASE LOAD OF THE SUPREME COURT AS A WAY OF SOLVING THE COURT'S CASELOAD PROBLEM. THE AUTHOR LOOKS AT THIS PROPOSAL FROM THE POINTS OF VIEW OF CONSTITUTIONALITY AND SEVERAL POLICY CONSIDERATIONS. DISCUSSED ARE THE IMPORTANCE OF THE SUPREME COURT'S CASE-SCREENING OR SELECTION PROCESS AND THE COMPOSITION AND INSTITUTIONAL CONTINUITY OF THE PROPOSED NATIONAL COURT. CRITICIZED IS THE ATTEMPT TO SEPARATE THE DECISION OF A CASE FROM THE CHOICE WHETHER TO REVIEW THE CASE. ALTERNATIVES SUGGESTED BY THE AUTHOR INCLUDE THE CONTROLLED AND CAREFULLY CHECKED USE OF EXPANDED JUNIOR AND SENIOR STAFFS, RESPONSIBLE TO EACH JUSTICE INDIVIDUALLY, WITH CROSS-CHECKING AMONG THE NINE JUSTICES AFTER THE TENTATIVE POSITION OF EACH HAS BEEN FORMED. ALSO RECOMMENDED WAS THE CONSIDERATION OF A SINGLE CENTRAL COURT FOR BRINGING ABOUT NATIONAL UNIFORMITY IN RELATIVELY UNIMPORTANT MATTERS, WITH FINAL CONTROL REMAINING, THROUGH DISCRETIONARY REVIEW, IN THE SUPREME COURT. OFFERED AS A LAST RESORT WAS THE ELIMINATION OR SELECTIVE CURTAILMENT OF ORAL ARGUMENT.