Submitted by nightstalker160 - May 9, 2008 at 4:30 pm -0500
@ YouDon'tKnowJack

You're right its the rule of four (my kingdom for an edit button) and it actually began with the discretionary jurisdiction granted in 1891, 1925 merely expanded that discretion (to be almost complete as to appellate jurisdiction).

That being said, the rule of 4 is not (as you said) a hard and fast rule and they are pretty stringent about taking cases.

The amount of cert petitions to the court has gone up incredibly, while the number of cases they actually HEAR has plummeted.

The odds of the Supreme Court taking a case about laws that have been struck down in multiple circuits 8 times is not likely to be granted cert. There simply isn't an issue they are likely to want to settle without there being some kind of split.

There's always a chance obviously, but the odds are slim to none they'd take this case.

The MIGHT take the case on First Amendment grounds, but they almost certainly won't because the state is the one bringing the petition (and they can't argue that THEIR first amendment rights have been violated).

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GamePolitics ShoutBox

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