Supreme Court Monitoring of the United States Courts of Appeals En Banc

Tracey E. George, Michael E. Solimine
2001 Supreme Court Economic Review  
The modern Supreme Court agrees to hear only a handful of cases each term. The Rehnquist Court has granted certiorari to less than four percent of petitions, accounting for less than one percent of all cases decided by courts of appeals. Some Court observers have hypothesized that the Court is more likely to review cases decided by courts of appeals en banc. They argue that, because legal issues heard en banc pose closer and more salient questions, these cases are more likely to be reviewed by
more » ... to be reviewed by the Supreme Court. The mere fact of en banc consideration is notable because all circuits combined sit en banc in only 80 or 90 cases a year. But other Court observers have proffered that the Supreme Court will be less likely to review a decision in which all judges of a circuit have participated because the legal issues have been more fully argued and exhaustively considered.
doi:10.1086/scer.9.1147132 fatcat:gunwun2nanezfoejjix4qel2ge