Certiorari Is an Example of Political Will


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Posner 1999

Because of the ability of the Supreme Court to control its own docket, justices are expected to vote in order to grant cert (or not) according their personal policy preferences. Cases regarding an ambiguous constitutional question act as the perfect tool to accomplish these ends. To quote Judge Richard Posner, “where the constitution is unclear, judicial review is likely to be guided by the political prejudices and the policy preferences of the of the judges rather than by the Constitution itself ([Posner, 1999], 36-40).”