June 27, 2006

Error-Correction and the Roberts Court

by Will

Milbarge, you make a good point that the cert-grant in Marsh (and to a lesser extent Brigham City and Recuenco) look more like error-correction than the resolution of a deep conflict among the lower courts. So I wonder if you think we might be entering a new era with the Roberts Court-- the era of error correction.

As you pointed out, Roberts has suggested that the Court might take more cases. Roberts himself has said that the Supreme Court ought to "dispose" of those cases that it does take on the narrowest ground possible. In Youngblood, the Court essentially held that a lower court should re-decide a case even though no intervening fact had changed. It looks to me like Roberts is trying to move the Court toward a model of error-correction.

If so, would that be a bad thing?

June 27, 2006 07:19 AM | TrackBack
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