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U.S. Supreme Court

Oct. 18, 2007

Why Has the Supreme Court's Workload Shrunk as Petitions Increase?

Forum Column - By Erwin Chemerinsky - How has the nation's highest court responded to 8,000 petitions for certiorari? By putting only 42 cases on the docket for 2007.

Erwin Chemerinsky

Dean and Jesse H. Choper Distinguished Professor of Law, UC Berkeley School of Law

Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).

FORUM COLUMN

By Erwin Chemerinsky

      One of the most important changes in American law over the last quarter century is one of the least recognized: the dramatic decrease in the number of cases decided by the Supreme Court each year. Last year, the Supreme Court decided only 68 cases after briefing and oral argument. The court had to cancel a scheduled argument day in December and had days in March where it heard only one case, rath...

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