What merits a court case to go to the supreme court?
Sunday, March 15th, 2009 at
7:53 am
That Other Guy asked:
Why order antibiotics online would a case need to go to the supreme court when state courts have just as much power as supreme courts? What is the process in deciding what courts move to supreme court and which dont?
Why order antibiotics online would a case need to go to the supreme court when state courts have just as much power as supreme courts? What is the process in deciding what courts move to supreme court and which dont?
Tagged with: Case Need • Court Case • State Courts • Supreme Courts
Filed under: Attorney FAQ
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Cases of first impression…meaning that they have not been heard by the Supreme Court before…
Federal Question–a case which calls into question a federal law
Challenges to the constituionality of a law…states write laws that are unconstitutional, and someone challenges them
According to the Constitution (Art. III, §2):
“The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or
more States;—between a State and Citizens of another State;—between Citizens of different States;—between Citizens of the same State claiming Lands under Grants of
different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
“In all Cases affecting Ambassadors, other public ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all
the other Cases before mentioned, the supreme Court shall have appellate jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.”
Appellate jurisdiction has been conferred upon the Supreme Court by various statutes, under the authority given Congress by the Constitution. The basic statute effective at this time in conferring and controlling jurisdiction of the Supreme Court may be found in 28 U. S. C. §1251 et seq., and various special statutes.
The Court receives over 10,000 requests to hear a case each year, though they can only hear about 100 each term. Each justice has personal law clerks who review all of the 10,000 petitions sent to the Court. If one of these sounds particularly interesting (usually contains a constitutional or federal provision that needs greater attention and clarification) they bring the case to the attention of their justice. Then that justice presents the case to the other members of the Court. 4 out of the 9 Justices must agree to hear the case for it to come before the Court for argument.