Comments on: The Supreme Court and Docket Control http://www.concurringopinions.com/archives/2008/05/the_supreme_cou_5.html The Law, the Universe, and Everything Tue, 14 Feb 2012 05:18:12 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: TJ http://www.concurringopinions.com/archives/2008/05/the_supreme_cou_5.html/comment-page-1#comment-49101 TJ Sat, 24 May 2008 02:16:39 +0000 http://www.solove.org/archives/2008/05/the-supreme-court-and-docket-control.html#comment-49101 David, I was with you until the last paragraph, really even until the last sentence. The Supreme Court does often deny cert. on even important cases. But has the Court really ducked deciding cases to avoid criticism or unpopularity? Newdow comes to mind, but there are not many others. David,

I was with you until the last paragraph, really even until the last sentence. The Supreme Court does often deny cert. on even important cases. But has the Court really ducked deciding cases to avoid criticism or unpopularity? Newdow comes to mind, but there are not many others.

]]> By: Miguel http://www.concurringopinions.com/archives/2008/05/the_supreme_cou_5.html/comment-page-1#comment-49100 Miguel Sat, 24 May 2008 00:09:55 +0000 http://www.solove.org/archives/2008/05/the-supreme-court-and-docket-control.html#comment-49100 David: I've enjoyed your comparative constitutional law posts. I agree with you about the importance of docket control. I have two questions. (1) Why do you think that this is a civil/common law difference rather than a difference in the architecture of national high courts? I tend to think that the distinctions between common and civil law do not always map out well in the area of constitutional law. This is particularly true in Latin America where national high courts often exhibit features both of supreme courts and constitutional courts. (2) The ability to duck important issues is important. Why is it then that the US Supreme Court seems to be the butt of so much criticism while equally powerful constitutional courts (for example Germany's Constitutional Court) seem to face less criticism? David: I’ve enjoyed your comparative constitutional law posts. I agree with you about the importance of docket control. I have two questions. (1) Why do you think that this is a civil/common law difference rather than a difference in the architecture of national high courts? I tend to think that the distinctions between common and civil law do not always map out well in the area of constitutional law. This is particularly true in Latin America where national high courts often exhibit features both of supreme courts and constitutional courts. (2) The ability to duck important issues is important. Why is it then that the US Supreme Court seems to be the butt of so much criticism while equally powerful constitutional courts (for example Germany’s Constitutional Court) seem to face less criticism?

]]> By: Miguel http://www.concurringopinions.com/archives/2008/05/the_supreme_cou_5.html/comment-page-1#comment-49099 Miguel Sat, 24 May 2008 00:06:42 +0000 http://www.solove.org/archives/2008/05/the-supreme-court-and-docket-control.html#comment-49099 David: I've enjoyed your comparative constitutional law posts. I agree with you about the importance of docket control. I have two questions. (1) Why do you think that this is a civil/common law difference rather than a difference in the architecture of national high courts? I tend to think that the distinctions between common and civil law do not always map out well in the area of constitutional law. This is particularly true in Latin America where national high courts often exhibit features both of supreme courts and constitutional courts. (2) The ability to duck important issues is important. Why is it then that the US Supreme Court seems to be the butt of so much criticism while equally powerful constitutional courts (for example Germany's Constitutional Court) seem to face less criticism? David: I’ve enjoyed your comparative constitutional law posts. I agree with you about the importance of docket control. I have two questions. (1) Why do you think that this is a civil/common law difference rather than a difference in the architecture of national high courts? I tend to think that the distinctions between common and civil law do not always map out well in the area of constitutional law. This is particularly true in Latin America where national high courts often exhibit features both of supreme courts and constitutional courts. (2) The ability to duck important issues is important. Why is it then that the US Supreme Court seems to be the butt of so much criticism while equally powerful constitutional courts (for example Germany’s Constitutional Court) seem to face less criticism?

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