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Deciding Not to Decide: The Judiciary Act of 1925 and the Discretionary Court
Author(s) -
STERNBERG JONATHAN
Publication year - 2008
Publication title -
journal of supreme court history
Language(s) - English
Resource type - Journals
eISSN - 1540-5818
pISSN - 1059-4329
DOI - 10.1111/j.1540-5818.2008.00176.x
Subject(s) - supreme court , citation , law , political science , library science , computer science
Americans today are accustomed to a Supreme Court that has nearly unfettered power over its appellate jurisdiction to choose which cases it hears and which it discards. Indeed, in 2004, the Supreme Court granted a mere 85 certiorari petitions out of the 8,593 before it.1 This is a far cry from the early days of the Republic when Chief Justice John Marshall unabashedly declared that the Supreme Court had