The Supreme Court determines which cases to adjudicate
1. Respond to this forum post. Add something, agree, disagree, etc. Just like last
week. Min 150 words with 1 citation.
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The Supreme Court determines which cases to adjudicate on a basis of if it involves an issue of
federal law or if are in the jurisdiction of the federal court (2). The Supreme Court will also rule on cases
of impeachment that involve the President, Vice President or political parties that are violating the
Constitution (1). The Lesson says that the Supreme Court will be considered on the following factors, if it
was “decided on differently by various lower courts”, “Constitutional issues”, “disputes between states or
states and federal government”, “conflicts of exiting Supreme Court ruling”, the significance of the case
and Solicitor General is pressuring the Supreme Court” (3). They have a rule of four as we learned from
the lesson; at least four of the justices must decide to review the case (3). To get to the Supreme Court
you most first have gone through the lower courts and appealed the decisions of them, then appeal the
Supreme Court where they will decide to see review a case (2). On average the Supreme Court will
receive 10,000 requests, but usually only see close to 80 of them (2).
I decided to write about the case of Kelo Vs. New London, Connecticut, a stunning ruling of a 5-4
opinion by Justice Stevens (4). Susette Kelo decided to take New London to court because they wanted
to evict her and others off the land they lived on for economic development, she received her notice the
day before thanksgiving, 2000 (5). Kelo fought for her Fifth Amendment right, “which guaranteed the
government will not take private property for public use with out just compensation” owners fought on the
grounds that selling to private developers is not public use (3). The reason that the Supreme Court took
this case is the fact that it was a Constitutional issue and involved citizens against the state. This ruling
lead to “eight state supreme courts and 43 state legislatures to strengthen protections for property rights”
that was good on them (5). Reading up on it, it turns out that the Fort Trumbull project failed miserable
and has cost taxpayers almost 80 million (5). So when all said and done, these people had their Fifth
Amendment rights infringed on and they have to look at a empty field where their house use to be.
2. Respond to this forum post. Add something, agree, disagree, etc. Just like last
week. Min 150 words with 1 citation.
The forum assignment this week asks us how the Supreme Court determines which cases to
adjudicate and why. From the Power Point presentation, we know the Supreme Court receives
over 8000 cases each year and that 95 percent of those are through the appeals. From our lesson
this week we also learned that they only try to adjudicate 100 per year. This is due to the fact
that the Supreme Court is so small, only 9 Justices total. The answer to why they have to
determine which cases to handle should be obvious. The Supreme Court is like a bottle neck,
they are the very top of the judicial system, the final decision on the law of the land. Based on the
numbers, you can see that they need to review all and only choose the most important ones, the
ones with the greatest merit. Some circumstances they will handle are when the Constitution
comes into play, rare cases dealing with Congress and the President (such as Watergate) and
also when state and federal courts have disagreements. The majority of the cases will be major
circumstances dealing with Constitution rights. Chances are probably very high that they will
never adjudicate a petty crime such as misdemeanor shoplifting from your local Wal-Mart.
The case I have chosen to give an explaination as to why they accepted it for
adjudication is Hiibel v. Nevada. There are two reasons why I specifically chose this case. First,
I am from Nevada originally and I love home. The other reason is because it deals with what
used to be my career as a law enforcement officer. I believe that this case never should have went
all the way to the Supreme Court. However, the State and the Circuit courts differed. Also, I think
the Supreme Court decided to adjudicate this to reaffirm their stance on a prior and similar
case, Terry v. Ohio. You can find more information on these two cases in my references.
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