NCJ Number
58813
Date Published
1978
Length
24 pages
Annotation
ARGUMENTS ARE PRESENTED FROM THE DEBATE OVER THE DEGREE OF ACTIVISM TO BE TAKEN BY THE FEDERAL COURTS AND THE EXTENT TO WHICH COURTS SHOULD BE SUBJECT TO POLITICAL INFLUENCE.
Abstract
ALTHOUGH PRESIDENT CARTER PROMISED DURING HIS CAMPAIGN TO CHOSE JUDGES FOR THE FEDERAL COURTS ON THE BASIS OF MERIT, RATHER THAN POLITICAL AFFILIATION, THE PRESIDENT IS SUBJECT TO POLITICAL PRESSURE IN HIS DECISIONMAKING. BECAUSE PRESIDENT NIXON AND PRESIDENT FORD APPOINTED FIVE SUPREME COURT JUSTICES AND 221 DISTRICT COURT JUDGES, MR. CARTER IS LIKELY TO ATTEMPT MODIFICATION OF THE REPUBLICAN LEGACY BY THE APPOINTMENT OF MORE LIBERAL JUDGES. THE MAJORITY OF AMERICANS, HOWEVER, AGREE WITH THE APPARENT PHILOSOPHY OF THE PRESENT SUPREME COURT, THAT THE COURTS ARE NOT THE PROPER FORUM FOR MANY ADMINSTRATIVE DECISIONS CONCERNING SCHOOL BUSING AND PRISON CONDITIONS. THE EXTENSION OF THE COURT'S JURISDICTION INTO TECHNICAL MATTERS HAS CONTRIBUTED TO AN OVERLOAD OF CASES AND A DELAY IN THEIR ADJUDICATION. THE COURTS CONCERN THEMSELVES WITH TRADITIONAL ISSUES OF PROPERTY RIGHTS AND ALSO WITH THE CONCERNS OF INDIVIDUALS. COPING WITH THE INCREASED CASELOAD MAY INVOLVE THE ESTABLISHMENT OF RESTRICTIONS ON ACCESS TO FEDERAL COURTS, INCLUDING THE ELIMINATION OF DIVERSITY JURISDICTION. SELECTIVE ENLARGEMENT OF CERTAIN PORTIONS OF THE COURT SYSTEM MAY ALSO BE PRACTICAL, SUCH AS THE ESTABLISHMENT OF A NATIONAL COURT OF APPEALS TO SCREEN CASES FOR SUPREME COURT REVIEW. NONJUDICIAL SOLUTIONS ARE ALSO BEING SOUGHT. FOOTNOTES AND BIBLIOGRAPHY ARE PROVIDED. (TWK)