OBLIGATORY JURISDICTION OF THE SUPREME COURT: APPEALS FROM STATE COURTS UNDER SECTION 237(a) OF THE JUDICIAL CODE

Authors

Seymour J. Rubin, Member of the Illinois bar. Graduate fellow, Harvard Law School
Sidney H. Willner, LL.B., Harvard

Abstract

In two ways, a case decided by the state court of last resort may come to the Supreme Court of the United States: by certiorari, or by appeal. Certiorari is discretionary; and the considerations which will lead the Court to grant a writ of certiorari are set out in Rule 38 of the Supreme Court Rules, and are well-known to the practicing bar. Appeal, however, is directed to the obligatory jurisdiction of the Court. Rule 12 merely sets out the procedure to be followed in seeking an appeal; and for his decision as to whether he has substantive basis for an appeal, the practitioner must turn to the Judicial Code and to the cases interpreting it.

Recommended Citation

Seymour J. Rubin & Sidney H. Willner, OBLIGATORY JURISDICTION OF THE SUPREME COURT: APPEALS FROM STATE COURTS UNDER SECTION 237(a) OF THE JUDICIAL CODE, 37 Mich. L. Rev. 540 (1939).
Available at: https://repository.law.umich.edu/mlr/vol37/iss4/3