Article III, Section 2, of the US Constitution explicitly spells out the responsibility of the Court:
The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state [later revoked by the 11th Amendment];--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.
Other legislation (the Judiciary Act of 1789, Title 28 of the U.S. Code, etc.) and case law (beginning with Marbury v. Madison, (1803)) also establishes that the Supreme Court may review (with a few exceptions) any civil or criminal "cases and controversies" arising from questions of constitutional or federal law, or from US treaties, including cases in which the High Court determines Congress has passed unconstitutional legislation (thus, nullifying the law).
The US military has its own system of courts and tribunals (called Article I courts), that rarely interact with civilian (Article III) courts; however, the U.S. Court of Appeals for the Armed Forces (CAAF), the highest military court, is subordinate to the US Supreme Court, and its decisions may be subject to review under certain circumstances.
The current law does not allow parties to cases in the military courts to petition the US Supreme Court for certiorari unless the CAAF has already granted certiorari and reviewed the case. Congress is considering a bill first introduced in 2007 called the "Equal Justice for United States Military Personnel Act of 2009" that would amend the federal judicial code to allow for review by Writ of Certiorari of certain cases denied relief or review by the U.S. Court of Appeals for the Armed Forces. As of June 2009, S. 357 is in the Senate Judiciary Committee.
In most cases, the Court considers petitions for Writ of Certiorari from United States Court of Appeals Circuit courts and state supreme courts. They may also review cases from The Supreme Court of Puerto Rico, the Marianna Islands, Guam and other US territories.
In certain specific instances, the Court, at its discretion, may review cases submitted directly from U.S. District Courts (bypassing the US Court of Appeals), and may respond to certified questions from the U.S. Court of Appeals either with instructions for how to proceed or by requesting the complete case for appellate decision within the High Court.
Further, each Supreme Court Justice serves as the "Circuit Justice," presiding over one or more US Court of Appeals Circuits, where he or she has the right to receive and decide requests for stays, time extensions, writs of habeas corpus, and writs of mandamus for that Circuit. He or she may also sit as a judge on any case in his or her Circuit (although this rarely happens in practice).
All these cases are said to be within the Court's "jurisdiction." Congress can, and sometimes does, strip the Court of jurisdictional power over certain types of cases by any of several means:
The Act granted the U.S. Court of Appeals District of Columbia Circuit exclusive (but limited) jurisdiction to review decisions of the "Combatant Status Review Tribunals" and "Administrative Review Boards," which replaced both military and federal courts in determining the rights and status of detainees held at Guantanamo Bay.
The DTA was created in reaction to the US Supreme Court ruling in Rasul et al. v. Bush, President of the United States, et al. 542 US 466 (2004) that held "US courts have jurisdiction to consider challenges to the legality of the detention of foreign nationals captured abroad in connection with hostilities and incarcerated at Guantanamo Bay."
In 2008, the US Supreme Court ruled by a margin of 5-4 in Lakhdar Boumediene, et al. v. George W. Bush, President of the United States, et al, 553 US ___ (2008) that the Military Commissions Act was unconstitutional because it violated the "Suspension Clause" of the US Constitution.
For more detailed information, see Related Questions, below.
Judicial review
judicial review
State Supreme Courts do not routinely review all cases of all lower courts. They review ONLY those cases that finally reach them after going through the court system's appelate process
Judicial review
Judicial Review
By issuing a judicial review.
Judicial Review
No, the Supreme Court reviews decisions of lower (inferior) courts under its appellate jurisdiction.
Appellate courts are created to review decisions of lower courts. They promote efficiency at the federal judicial level by serving as an in between step between district courts and the Supreme Court.
(in the US) The state and federal courts of appeal and the state and federal supreme courts get to review the cases submitted to them before deciding to accept them for their review or not.
No. The US Supreme Court hears final appeals from lower courts.
The Customs Court Act of 1980 replaced the old United States Customs Court with the United States Court of International Trade. The court is situated in New York City, NY, but is empowered to sit anywhere in the US, including foreign nations.