Document Type
Testimony
Publication Date
6-30-2021
Abstract
From the Introduction:
Two facts about case selection should be in our minds. The first fact is that the Supreme Court takes far fewer cases than it used to, say 100 years ago, before Congress expanded the use of the certiorari process; or even 50 years ago, when the Court granted certiorari far more often. The second fact is that the Supreme Court is now more likely to issue high-profile orders in cases that it has not fully “taken,” cases in which it has not granted a petition for a writ of certiorari. Putting these two facts together, we can say that there are fewer cases on the Court’s “regular docket,” and there seem to be more cases on what is called its “shadow docket.”
Recommended Citation
Bray, Samuel, "Testimony Before the Presidential Commission on the Supreme Court of the United States “Case Selection and Review at the Supreme Court”" (2021). Congressional Testimony. 29.
https://scholarship.law.nd.edu/testimony/29