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How and Why the Supreme Court Chooses a Case to Hear (Essay Sample)


Discuss how the Supreme Court determines which cases to hear, which cases not to take, and why. 
Select one of the all-time Supreme Court cases from 2000 on, and explain why the Supreme Court accepted it for adjudication (not what the case is about).
The cases to choose from include:
10. Gonzalez v. Raich
12. Kelo v. City of New London
16. Hiibel v. Nevada
25. Lawrence v. Texas
To assist in this assignment, please view the PowerPoint Presentation on the Supreme Court Process.


How and Why the Supreme Court Chooses a Case to Hear
How and Why the Supreme Court Chooses a Case to Hear
For a case to be chosen by the Supreme Court, there are some merits it has to meet such as the constitution question and disagreement between other federal courts. The other one is that the case must have gone through other federal courts under the jurisdiction of the Supreme Court and the parties fails to get into consensus (Perry, 2009). By this, the court can carry on with the case. At this stage, there is a meeting between the judges of the Supreme Court, which is presided over by the chief justice. The agenda of the meeting is set and the simple hands vote decides the case to be handled. The lawyers are then supposed to present the case which have been decided to be heard (Sunstein, 2001)
The Lawrence v. Texas case went up to the Supreme Court where it was determined. After a long process through the minor court, the case ended in Supreme Court where it was to be determined. It was until 2002 that an application was made by the lambda legal in the Supreme Court to review the constitutionality of the case (Case, 2003). In addition, in December the same year, the Supreme Court accepted lambda request to hear the case after a duration of over eight months. The case had gone through the criminal court, court of appeal and the high court where there was no consensus (Richards, & Kritzer, 2002). This means that a case cannot be filled in Supreme Court directly unless it involves some officials, is controversy between states or citizens or citizen and the state. However, the court can only choose not more than eight thousand cases per year.
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