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42 Harv. L. Rev. 1 (1928-1929)
The Supreme Court Under the Judiciary Act of 1925

handle is hein.journals/hlr42 and id is 57 raw text is: HARVARD LAW REVIEW VOL. XLII NOVEMBER, 1928 No. 1 THE SUPREME COURT UNDER THE JUDICIARY ACT OF 1925 S INCE May 13, 1925, the Supreme Court of the United States has been adjudicating under a new dispensation. To enable the Court to cope with the growth in its business and to con- serve its energies for issues appropriate to the Supreme Bench, Congress by the Act of February 13, 1925,' acceded to the Court's desire for drastic limitations upon its jurisdiction. Speaking on behalf of the Court in 1924, Mr. Justice Van Devanter reported to Congress that more than two-thirds of the cases which come to us under our obligatory jurisdiction -from State courts, cir- cuit courts of appeals, district courts, and the Court of Claims - result in judgments of affirmance by our court, and also a goodly number are ultimately dismissed for want of prosecution. This, we think, illustrates that the present statutes are too liberal - that they permit cases to come to us as of right with no benefit to the litigants or the public. What we learn of the cases in examin- ing them confirms and emphasizes this conclusion. Of course, in proportion as our attention is engaged with cases of that character, it is taken away from others which present grave questions and need careful consideration. ' The remedy proposed by the Supreme Court and adopted by Congress was a transference of numerous classes of cases from ob- ligatory review by appeal or writ of error to discretionary review 1 43 STAT. 936, 28 U. S. C. §§ 344-50 (1926). 2 Hearing before the Judiciary Committee, House of Representatives, on H. R. 82o6, 68th Cong. 2d Sess., Dec. x8, 1924, at 13.

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