Lower federal courts shape even the most controversial cases before Supreme Court review.

Evidence

The complexities of this litigation may be unusual, but they point out the important role played by federal district courts and federal courts of appeals in even the most controversial cases. These courts are the first to address the issues, and their rulings affect what occurs later in the process. This litigation also reveals that sharp disagreements may arise among judges seeking to resolve complex legal issues. Ultimately, the U.S. Supreme Court has the final word for federal courts. But as Justice Robert Jackson acknowledged, “We are not final because we are infallible, but we are infallible only because we are final.” — G. Alan Tarr, Judicial Process and Judicial…, 383

Categorization

  • XREF: connects to: The Court deliberately leaves questions open to gain lower courts’ insights before deciding them — G. Alan Tarr, Judicial Process and Judicial…, 1485; Legal doctrine constrains lower courts far more than the Supreme Court — Frederick Schauer, Thinking Like a Lawyer, 257; Lower court judges shaped by local politics can blunt a Supreme Court mandate. — G. Alan Tarr, Judicial Process and Judicial…, 1545 (+1 more)

Broader Connections