JOHN RANDOLPH TUCKER LECTURE - THE APPELLATE JURISDICTION OF THE SUPREME COURT - REFLECTIONS ON THE LAW AND THE LOGISTICS OF DIRECT REVIEW

• NCJ Number: 45198
• Journal: Washington and Lee Law Review Volume: 34 Issue: 4 Dated: (FALL 1977) Pages: 1043-1064
• Author(s): H WECHSLER
• Date Published: 1977
• Length: 22 pages
• Corporate Author: Washington and Lee University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE ESTABLISHMENT AND GROWTH OF THE U.S. SUPREME COURT'S APPELLATE JURISDICTION ARE TRACED, AND PROBLEMS OF SCOPE AND LOGISTICS WITH REGARD TO THE COURT'S JURISDICTION ARE EXAMINED.

Abstract

THE COURT IS VESTED WITH THE AUTHORITY TO REVIEW STATE COURT JUDGMENTS TURNING ON THE INTERPRETATION OR APPLICATION OF THE CONSTITUTION, LAWS, AND TREATIES OF THE UNITED STATES. THE COURT IS ALSO THE ULTIMATE AUTHORITY WITH RESPECT TO THE JUDGMENTS OF THE INFERIOR FEDERAL TRIBUNALS. THE COURT'S JURISDICTION AS IT STANDS DERIVES FROM NEARLY TWO CENTURIES OF CONTROVERSY, GROWTH, AND CHANGE. LEGAL QUESTIONS WITH REGARD TO THE COURT'S JURISDICTION PERTAIN PRIMARILY TO ITS REVIEW OF STATE COURT JUDGMENTS AND CONCERN BOTH SUBSTANTIVE AND PROCEDURAL ISSUES. OTHER PROBLEMS ASSOCIATED WITH THE COURT'S JURISDICTION ARE MORE PRACTICAL IN NATURE AND PERTAIN TO THE COURT'S CAPACITY TO HANDLE THE INCREASING NUMBER OF CASES ON ITS DOCKET. THERE HAVE BEEN A NUMBER OF PROPOSALS ADDRESSING THE CASELOAD PROBLEM OF THE COURT, INCLUDING A SUGGESTION FOR THE CREATION OF A NATIONAL COURT OF APPEALS TO HANDLE CASES REFERRED BY THE COURT. THE LOGISTICAL PROBLEMS OF THE COURT MUST BE ADDRESSED. IT IS NECESSARY EITHER TO REDUCE THE BURDEN THE COURT IS ASKED TO CARRY IN THE LEGAL SYSTEM OR ACCORD THE COURT SUPPLEMENTARY RESOURCES. (LKM)