The Firing Line Forums - View Single Post - Seventh Circuit Ruling Reveals Anti-Approach to Incorporation

Al Norris · August 16, 2009, 04:01 PM

It requires that 4 Justices agree to hear a case in order to grant Cert.

The most often used route to get to the Supreme Court (SCOTUS), is to have a Circuit split. That is, one or more Circuit Courts disagree in the interpretation of a law or other legal issue. The SCOTUS will generally take such an appeal to remedy the differences, so as to make the law/issue one of uniformity throughout the nation.

Currently, because the 9th Circuit will decide the Nordyke case en banc, there is no split in the Circuits.

How this will affect certiorari, is anyone's guess.

August 16, 2009, 04:01 PM	#54
Al Norris Moderator Emeritus Join Date: June 29, 2000 Location: Rupert, Idaho Posts: 9,660	It requires that 4 Justices agree to hear a case in order to grant Cert. The most often used route to get to the Supreme Court (SCOTUS), is to have a Circuit split. That is, one or more Circuit Courts disagree in the interpretation of a law or other legal issue. The SCOTUS will generally take such an appeal to remedy the differences, so as to make the law/issue one of uniformity throughout the nation. Currently, because the 9th Circuit will decide the Nordyke case en banc, there is no split in the Circuits. How this will affect certiorari, is anyone's guess.