It's called circuit assignments, and it's a Supreme Court procedure we should focus on more carefully and ask about the philosophy of the nominee on its use.
While we have three separate and co-equal branches of government in certain respects, Madison was clear that the "Legislature would necessarily predominate," and most certainly, the Supreme Court, much less the congressionally created inferior courts, would not dictate unquestionably to the other branches on broad policies.
Congress can easily remedy the problem of tyranny from the lower courts by explicitly denying them the power to issue universal injunctions, mandating automatic appeals to the Supreme Court or automatic stays on injunctions pending appeal in certain classes of cases, or wholesale stripping them of power to adjudicate certain cases.
If we are going to crown SCOTUS king, at least make the court king over inferior courts.
Is there anything the Supreme Court could do on its own, especially with better justices, to rein in the lower courts?
In recent years, the Supreme Court considered only 80-100 cases per term out of the 7,000-8,000 appeals that are filed by appellants from circuit court opinions.
Activist lower courts cannot be combatted with a passive Supreme Court - on top of a comatose Congress.
https://www.conservativereview.com/news/the-forgotten-slam-dunk-shutdown-of-ninth-circuit-insanity/
While we have three separate and co-equal branches of government in certain respects, Madison was clear that the "Legislature would necessarily predominate," and most certainly, the Supreme Court, much less the congressionally created inferior courts, would not dictate unquestionably to the other branches on broad policies.
Congress can easily remedy the problem of tyranny from the lower courts by explicitly denying them the power to issue universal injunctions, mandating automatic appeals to the Supreme Court or automatic stays on injunctions pending appeal in certain classes of cases, or wholesale stripping them of power to adjudicate certain cases.
If we are going to crown SCOTUS king, at least make the court king over inferior courts.
Is there anything the Supreme Court could do on its own, especially with better justices, to rein in the lower courts?
In recent years, the Supreme Court considered only 80-100 cases per term out of the 7,000-8,000 appeals that are filed by appellants from circuit court opinions.
Activist lower courts cannot be combatted with a passive Supreme Court - on top of a comatose Congress.
https://www.conservativereview.com/news/the-forgotten-slam-dunk-shutdown-of-ninth-circuit-insanity/
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