Why does the Supreme Court refuse to hear certain cases?

Lecture: Chapter 15   The Origins and Development of Judicial Power

The framers of the United States Constitution made the judiciary the least defined of the three branches of government. The Constitution left open the actual structure of the court system for Congress to define it. Article III merely vests judicial power in one Supreme Court.

Therefore, Congress passed the Judiciary Act of 1789. This legislation defined federal court jurisdiction and created the structure of the federal court system. Congress decreed that the judicial branch would have three tiers. The system would include district or trial courts at the first level, appellate courts at the second level, and the Supreme Court at the highest level.

Furthermore, Congress created the following jurisdictions: The Supreme Court would have original jurisdiction in cases involving states or ambassadors. This means all such cases immediately go to the Supreme Court. Additionally, the Supreme Court would have appellate jurisdiction in all cases decided by the lower federal or state courts. This means the Supreme Court has the right to review any legal decision on appeal.

Still, the judicial branch and the Supreme Court wielded little power at this point. The court system simply had no cases to decide. Of course, this is not too far off from what the framers had in mind. However, Supreme Court Chief Justice John Marshall changed all of that with his decision in Marbury v. Madison.

Marshall’s decision gave the Supreme Court the two immediate powers of judicial review and legal interpretation. Judicial review is the court’s ultimate power. It has allowed the courts to update the Constitution through reinterpretation and to protect minorities against oppressive majorities. Also, the courts enjoy the power of legal interpretation. This is the power to interpret and reinterpret law.

However, case selection is the most often utilized Supreme Court power. The court wields vast power through its ability to hear or refuse to hear cases. The court has unfettered authority to choose which cases end up on its docket. In fact, the court accepts fewer than 1% of all cases presented for appeal.

Why does the Supreme Court refuse to hear certain cases? Legal scholars cite three basic reasons:

  1. 1. Agreement with the lower court decision

The court could easily find nothing wrong with the lower court’s decision. Also, the lower court may be in agreement with the Supreme Court’s legal and political beliefs or philosophy.

  1. 2. Issue not significant enough to warrant Supreme Court intervention

Every year, litigants appeal or file over 7,000 cases with the Supreme Court. The court eventually accepts approximately 100. Of course, the court will only accept those cases with significant legal, societal, or political consequences.

 

  1. 3. Court not ready to hear issue

Some legal issues need time to season. For example, civil rights cases would have met great resistance prior to the 1950s.

Judiciary Independence

A major component of a fair legal system is judicial independence. Judges should be able to make legal decisions without interference or pressure from the other branches, oppressive majorities, or powerful groups or individuals.

Several factors secure independence for federal judges and justices:

Judges not Elected:

Federal judges earn their jobs through presidential appointment. There are no voters to please. Judges are free from worrying about the next election cycle