Judiciary Act of 1925
Encyclopedia
The Judiciary Act of 1925 (43 Stat
. 936), also known as the Certiorari Act, was an act of the United States Congress
which sought to reduce the workload of the Supreme Court of the United States
.
Although the Judiciary Act of 1891
(which created the United States courts of appeals
and rendered a small part of the Supreme Court's jurisdiction discretionary subject to grant of writ of Certiorari
) had relieved pressure on the Supreme Court's docket, the court remained obliged to rule:
Nonetheless, the number of appeals was a one-way upward ratchet, and the Justices argued that the only way to fix the problem once and for all was to have the Court conduct virtually all of its business by way of act of Certiorari.
Pushed by Chief Justice and former President William Howard Taft
, Congress passed the 1925 act, which rendered the majority of the Supreme Court's workload discretionary, by removing the possibility of direct appeal to the court in most circumstances. Henceforth, pursuant to §237(b) of the act, appellants would file petititions for writs of Certiorari
with the Supreme Court, which would be accepted at the discretion of four of the nine Justices. "No longer did the Court have to hear almost every case an unhappy litigant presented to it. Instead, for the most part, the Court could select only those relatively few cases involving issues important enough to require a decision from the Supreme Court." http://www.uscourts.gov/ttb/jan04ttb/ii/
Statutes at Large
Statutes at Large is the name given to published collections or series of legislative Acts in a number of jurisdictions:-England and Great Britain:* The Statutes at Large:...
. 936), also known as the Certiorari Act, was an act of the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
which sought to reduce the workload of the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
.
Although the Judiciary Act of 1891
Judiciary Act of 1891
The Judiciary Act of 1891 , also known as the Evarts Act after its primary sponsor, Senator William M. Evarts, created the United States courts of appeals, and reassigned the jurisdiction of most routine appeals from the district and circuit courts to these appellate courts...
(which created the United States courts of appeals
United States courts of appeals
The United States courts of appeals are the intermediate appellate courts of the United States federal court system...
and rendered a small part of the Supreme Court's jurisdiction discretionary subject to grant of writ of Certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
) had relieved pressure on the Supreme Court's docket, the court remained obliged to rule:
- on the merits all cases appealed to it over which it had jurisdiction … [after the 1891 act, ] Congress gave the Court discretionary review authority over appellate decisions in diversity, patent, revenue, criminal and admiralty cases. Parties wishing to appeal such cases would file a petition for certiorari, which the Court could grant or deny without passing on the merits.http://www.appellate.net/articles/epitaph.asp
Nonetheless, the number of appeals was a one-way upward ratchet, and the Justices argued that the only way to fix the problem once and for all was to have the Court conduct virtually all of its business by way of act of Certiorari.
Pushed by Chief Justice and former President William Howard Taft
William Howard Taft
William Howard Taft was the 27th President of the United States and later the tenth Chief Justice of the United States...
, Congress passed the 1925 act, which rendered the majority of the Supreme Court's workload discretionary, by removing the possibility of direct appeal to the court in most circumstances. Henceforth, pursuant to §237(b) of the act, appellants would file petititions for writs of Certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
with the Supreme Court, which would be accepted at the discretion of four of the nine Justices. "No longer did the Court have to hear almost every case an unhappy litigant presented to it. Instead, for the most part, the Court could select only those relatively few cases involving issues important enough to require a decision from the Supreme Court." http://www.uscourts.gov/ttb/jan04ttb/ii/
Further reading
- Sternberg, Jonathan. "Deciding Not to Decide: The Judiciary Act of 1925 and the Discretionary Court," The Journal of Supreme Court History, Vol. 33, pp. 1-16 (March 2008).
External links
- Text of the bill
- The Supreme Court Historical Society: Merlo Pusey, The Judge's Bill After Half a Century