Essay On Supreme Court's Secret Power

Words: 616
Pages: 3

Out of all the branches of government, there is a pretty good perk to being on the Supreme Court - nearly complete discretion in setting in their agenda.

Thousands of cases come to the Court every year. Thousands. Yet, less than a hundred are actually selected for primetime. The interesting aspect stems from the fact that the justices themselves decide which cases they want to hear.

Being cognizant that such cases could eventually have large-scale impact on the nation, this is an extraordinary power. Moreover, the fact that only four justices need to grant certiorari under the Rule of Four, makes the number seem like a rather small margin when a verdict on a case could affect millions.

While yes, just because a case is heard by the Supreme Court, it doesn’t necessarily mean that they will affirm the decision. However, it is important to recognize that a case on gay marriage or abortion wouldn’t be heard unless the Court wants it to be heard. It has been mentioned in Losco/Baker that the Court can deny certiorari if the issue is one that the justices would like to avoid (pg. 355). While the justices would have good reason to deny certiorari to such cases, issues that they want to avoid sometimes are matters that do need to be addressed.
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If others often vote to hear petitions from civil rights groups but never from state or local governments defending their policies, the public should know this, too.”

When the Court selects the cases themselves, we do not always know if such cases represent the best interest of the nation. The people, who ultimately are the ones to enforce the Court’s decision, do not get a say in these