Legal Question in Appeals and Writs in California

US Supreme Court - Writ of Certiorari

Are there any reliable sources of statistical data that offer a comprehensive breakdown of types and number of cases being submitted to the supreme court via petition for writ of cert?

Mostly wondering how many family law cases are actually making it this far before being denied cert. Also wondering if there may be any trends of significance toward raising due process complaints in the context of the fundamental liberty interests of parents.


Asked on 5/12/08, 8:32 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: US Supreme Court - Writ of Certiorari

Statistical information about federal courts is available from the Administative Office of the Courts. You can find links to several different reports at http://www.uscourts.gov/library/statisticalreports.html. However, I don't think you will find what you're looking for there.

The U.S. Supreme Court (USSC) won't take a case unless it raises federal issues. Family law is usually a matter for the states, so most family cases aren't even eligible for review in the USSC. There are Uniform Codes which most states have adopted and which govern many aspects of family law, but the fact that the same laws exist in most (or even all) states does not make them federal laws and does not bring them within the USSC's purview.

Some family cases do raise constitutional issues and thus may be reviewed by the USSC. But from the Court's perspective these would be constitutional cases, not family cases. Any statistical reports would probably not reveal which constitutional cases originated in family courts.

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Answered on 5/12/08, 8:55 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: US Supreme Court - Writ of Certiorari

You are expecting this Supreme Court to vindicate the constitutional rights of parents? Or of anyone? Get real. The Supreme Court as presently constituted thinks anything the government does to you is OK. Thank goodness they never take family law (I think you mean juvenile dependency) cases. It would mean more awful case law such as Suter v. Artist M.

Respectfully suggest you sponsor a California ballot initiative that does what you want.

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Answered on 5/13/08, 5:44 am


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