Essay on The Supreme Court System

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The Supreme Court System

The Supreme Court System
The justices determine which cases to take. They never explain the reason for their choices.
Whether or not a case is accepted strikes me as a rather subjective decision, made up in part of intuition and in part of legal judgment, Rehnquist wrote in The Supreme Court: How It Was, How It Is, his 1987 book about the court.
Important factors, he said, are whether the legal question has been decided differently by two lower courts and needs resolution by the high court, whether a lower-court decision conflicts with an existing Supreme Court ruling and whether the issue could have significance beyond the two parties in the case.
For example, the justices likely accepted the sexual-harassment case brought by Paula Jones, a former Arkansas state employee, against President Clinton because it will test the important question of whether a president should have to defend himself against a lawsuit while in office.
They also agreed for the term that began Monday to review a case challenging the constitutionality of a federal handgun-registration law, no doubt in part because lower courts are divided about whether the law, which requires sheriffs to check a purchaser's background, unconstitutionally burdens local officials.
But the justices do not automatically take on all cases posing significant societal dilemmas. Last June, for example, they refused to hear one on the legality of college affirmative action programs. The case did n

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