The freshly approved Justice has been a Supreme Court Justice for a short time now and already he is resolving issues left and right. This Monday, the new justice showed just how gutsy and bold he can be when he straightforwardly refused to enter the SCOTUS “cert pool.”
However, what precisely is a “cert pool”? Namely, the cert pool was founded in 1973 during the first days of the Burger Court, so it could adequately review the around 8,000 petitions in each term.
Pragmatically, the petitions are apportioned throughout the Court’s law clerks, after what a memo goes around the justices recommending a grant or refusal.
However, that’s precisely the problem — this whole thing gives the last word in these 8,000 cases to the law clerks instead of the Justices. Additionally, it would let third parties to illegitimately impact a case via the clerks.
One thing is certain here and that is that Supreme Court is not supposed to act like this — that’s why Justice Gorsuch, in a historical decision, raised his voice and labeled the situation illegitimate. No more passed off judgments to legal clerks.
This surely is in line with the Constitution and dramatically lowers the chance of fraud or abuse.
Text source: http://www.enhlive.com
Image source: https://www.theatlantic.com