Famous quote by Sandra Day O'Connor

Mobile Desktop
Most high courts in other nations do not have discretion, such as we enjoy, in selecting the cases that the high court r
Like

"Most high courts in other nations do not have discretion, such as we enjoy, in selecting the cases that the high court reviews. Our court is virtually alone in the amount of discretion it has"

- Sandra Day O'Connor

About this Quote

Sandra Day O'Connor's declaration clarifies the special nature of the American judicial system, especially the United States Supreme Court, in its technique to case choice. Unlike numerous high courts worldwide, the U.S. Supreme Court has an extraordinary level of discretion in determining which cases it selects to review. This discretionary power is worked out mostly through the certiorari process, where justices vote on whether to take up cases from lower courts. The Supreme Court gets countless petitions for certiorari each term, but it only hears a little fraction, around 70 to 100 cases, giving it significant control over its docket.

In contrast, lots of high courts in other nations operate under different judicial structures where they have less freedom in deciding which cases to hear. For example, some courts are needed to evaluate particular cases based on statutory commitments or must deal with all appeals provided before them. This lack of discretion often leads to a heavier caseload and limits the court's ability to concentrate on cases with significant legal or constitutional implications.

O'Connor's remark highlights the tactical role that the U.S. Supreme Court plays in shaping national legal teachings, as it selectively chooses cases that have the potential to set crucial legal precedents or fix pressing constitutional concerns. This discretion makes it possible for the Court to concentrate on issues that line up with more comprehensive social ramifications, federal interests, or matters where lower courts have actually diverged in their judgments.

Moreover, this system motivates litigants to craft their petitions persuasively, understanding that the Court's restricted docket requires them to present engaging factors for review. While this discretion uses the Supreme Court the versatility to handle its caseload and focus on considerable legal issues, it also stimulates disputes about the absence of transparency in the certiorari process and the capacity for uneven access to justice based upon the Court's selective attention. Nonetheless, this distinguishing characteristic of the U.S. judiciary highlights the Supreme Court's prominent function in American governance and its capability to influence the legal landscape.

About the Author

Sandra Day O'Connor This quote is written / told by Sandra Day O'Connor somewhere between March 26, 1930 and today. She was a famous Judge from USA. The author also have 33 other quotes.

Go to author profile