0
Discretionary power is the ability to act or make decisions according to one's own judgment.
The Supreme Court primarily exercises judicial discretion over two related areas:
- Granting Extraordinary Writs, such as writs of habeas corpus, mandamus, prohibition, and certiorari, that allow the Court to command action from certain parties or official bodies for the benefit of the petitioner. The scope of and application of this authority is outlined in Rule 20 of the Supreme Court Rules (see Related Links and Related Questions, below).
- Discretionary Review Authority allows the Court to decide which cases it deems worthy of hearing under its appellate jurisdiction. Discretionary review is closely tied to extraordinary writs, as the authority is exercised by issuance of a writ of certiorari, or order to the lower courts to transmit case files when a petition is granted.
Congress allowed the Supreme Court discretion over cases involving diversity, patent, revenue, criminal and admiralty issues in the Judiciary Act of 1891, and extended their authority to include the majority of cases in the Judiciary Act of 1925 (also called the Certiorari Act), legislation designed to reduce the justices' workload without increasing the size of the Court. At present, the Court has complete discretion over the cases it hears, and is no longer subject to mandatory appellate jurisdiction.
For more information, see Related Questions and Related Links, below.
Still curious? Ask our experts.
Chat with our AI personalities
Lao
Steve
ProfessorAdd your answer:
Earn +20 pts
What kind of courts report to the Supreme Court?
The US Supreme Court is head of the Judicial Branch of government. The "inferior" courts in this branch are:US District CourtsUS Court of International TradeUS Court of Appeals Circuit Courts
What court is considered gatekeeper to the US Supreme Court?
The US Court of Appeals Circuit Courts, which are intermediate courts of appeals (the courts between the US District Courts and the US Supreme Court) in the federal Judicial Branch. They help reduce the Supreme Court caseload by resolving appellate cases or dismissing those without merit.
Does the Judicial Branch consist of the Supreme Court and US courts?
No. The Supreme Court of the United States is head of the Judicial branch, but there are lower courts and tribunals that are also included, such as the US District Courts and the US Courts of Appeals Circuit Courts, among others.
Does the US have a Supreme Court and some smaller courts?
Yes. The US Supreme Court has highest appellate jurisdiction in the US. The other constitutional courts of the Judicial Branch -- the 94 US District Court, 13 US Court of Appeals Circuit Courts, US Court of International Trade -- are below the Supreme Court. There are also courts in the Legislative Branch of government, such as Bankruptcy Courts and US Tax Courts, that are lower than the Supreme Court.
What is the US Supreme Court's most important function with regard to the lower courts?
The US Supreme Court serves as the final court of appeal
