Scotus decisions1/3/2024 As a result, it is vital to understand when and under what circumstances the justices will revisit cases in order to gain some insight into how the Court evaluates ongoing controversies and their legal relevance. When the justices revisit a decision, they are sending a signal about the importance of an issue and the priority of properly expressing their opinion on a matter. This opinion may arise out of contention within the Court itself or out of confusion in the lower courts about the meaning of the case. The Supreme Court’s decision to revisit a case indicates that the Court thinks something within that case needs to be either reconsidered or reasserted. Though the Supreme Court’s word is conclusive, short of the passage of a constitutional amendment or legislative override in nonconstitutional cases, the mechanism of criticism in the circuit courts of appeals encourages reconsideration of many issues already decided by the Court and sheds light on the importance of institutional structures to the maintenance of the rule of law. This process provides another institutional check on the finality of Supreme Court decisions. These findings provide evidence that the circuit courts have an influential role in prompting the Supreme Court to reconsider issues. We find that the Court is more likely to revisit cases when multiple circuit courts of appeals have criticized those decisions. Yet, the justices sometimes choose to use their limited time and resources to revisit prior cases and specific issue areas in which they have already issued a decision. Of the thousands of petitions the Court receives each year, it hears fewer than 100. The US Supreme Court controls its own docket, and it hears a very small number of cases.
0 Comments
Leave a Reply.AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |