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November 29, 2004

Mass. Supreme Judicial Court is Republican

By way of updating this post, the Supreme Court of the United States today denied certiorari in--declined to review--the Goodridge decision (establishing a right to same-sex marriage in Massachusetts based on the state constitution) on Guarantee Clause grounds. The order for Largess v. Supreme Judicial Court, No. 04-420, can be found here under Certiorari Denied, in case number order.

Posted by The Jaded JD at November 29, 2004 12:20 PM
Comments

The US Supreme Court consistently declines to hear more than 95% of the cases presented to it for review.

News stories often neglect to mention this fact when making a big deal about the Supreme Court declining to hear a particular case. I wouldn't read too much into it.

Posted by: Susan at November 29, 2004 05:59 PM

SCOTUS in the modern era tends to hear roughly 1% of the cases filed--84 arguments out of 8,255 cases in OT2002 and 88 out of 7,924 in OT2001. Chief Justice's 2003 Year-End Report on the Federal Judiciary. The OT2003 data aren't available yet.

All I read into the denial of cert in Largess is that the nonjusticiability of the Guarantee Clause remains, in most cases, settled law.

Posted by: The Jaded JD at November 29, 2004 08:43 PM
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