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Applications for Certificates of Appealability and the Supreme Court's "Obligatory" Jurisdiction

Brent E. Newton

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Abstract

Since 1925, with the passage of the Judges' Bill,' Congress increasingly has afforded the Supreme Court unfettered discretion to decide whichever cases it chooses.2 The Court's "discretionary" docket includes almost all of the cases coming before it today, 3 while its "mandatory" or "obligatory" 4 docket now includes only a select few types of cases.5

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What this paper is about

Since 1925, with the passage of the Judges' Bill,' Congress increasingly has afforded the Supreme Court unfettered discretion to decide whichever cases it chooses.2 The Court's "discretionary" docket includes almost all of the cases coming before it today, 3 while its "mandatory" or "obligatory" 4 docket now includes only a select few types of cases.5

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Available abstract

Since 1925, with the passage of the Judges' Bill,' Congress increasingly has afforded the Supreme Court unfettered discretion to decide whichever cases it chooses.2 The Court's "discretionary" docket includes almost all of the cases coming before it today, 3 while its "mandatory" or "obligatory" 4 docket now includes only a select few types of cases.5

Key concepts: Supreme court, Law, Jurisdiction, Original jurisdiction, Discretion, Appeal, Political science, Obligation

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Applications for Certificates of Appealability and the Supreme Court's "Obligatory" Jurisdiction — Research Paper | ScholarLens