Perry Cert Quotes

Perry Cert Quotes - General Comments on Cert Justice: It...

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General Comments on Cert Justice: It really is hard to know what makes up this broth of the cert. process. (1) Clerk: You know when you are riding home on the subway in New York and you want to pick up a magazine, there are hundreds that are all about the same. You pick the one that has something that stands out and grabs your attention. That’s kind of how you pick a case for review. (1) Clerk: How does a case get chosen? Serendipity. (1) Perry: Several of the justices have made statements saying that lawyers are not discriminating enough when petitioning cases. Justice: I know Justice Harlan and others tried to discourage lawyers from filing frivolous petitions, but I don’t blame them for doing it. We don’t give them any real incentive not to try. And sometimes we take a case that must even surprise the petitioners. So it’s just going to keep going on . . . Of course lawyers are going to continue petitioning. Some of them do it simply for delaying tactics. And given the rules that we have given them, there is no reason for them not to do it. (35) Clerk: Fortunately, the Clerk of the Court censors many of the petitions that have technical problems. If they exceed page limits for example, they are sent back to the litigants. But the ones that pass are tied up in a bundle of red tape. That is an unintended pun. There actually is a red tape that ties them up. They are put on the cart and it is walked around from chamber to chamber. You could hear it coming. You sit there and listen woefully as it rumbles down the hall. When we heard it coming, we would usually sit there and shoot rubber bands at the chandeliers. But the taxpayers didn’t lose and money. From time to time we’d have to get up there and clean them out. (41) Justice Murphy: Writs of certiorari are matters of grace. (32) Chief Justice Vinson: The Supreme Court is not, and never has been, primarily concerned with the correction of errors in lower court decisions…The function of the Supreme Court is, therefore, to resolve conflicts of opinion on federal questions that have arisen among lower courts, to pass upon questions of wide import under the Constitution, laws, and treaties of the United States, and to exercise supervisory power over lower federal courts. (36)
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Conference Justice: Obviously I go in with an agenda. I have the discuss list on the left, and inside the case I have my vote. I may get to conference intending to deny, yet later vote to grant because of something a colleague said on something I hadn’t considered, and he might be right. But most times, though, I vote as I had planned to when I went in there. There are enough times that I change, though to suggest that it happens. (47) Justice: When we go over them <cert petitions>, there is not a lot of time. It is up to the chief justice how much time is spent. Most all of us have our ideas and they are pretty firm when we come in there. No one has to be educated about a case. Perry:
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Perry Cert Quotes - General Comments on Cert Justice: It...

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