506 Chapter 14Chapter 14 || The CourtsThe CourtsAlthough the increase in workload is not as significant as it appears due to the high
number of frivolous cases, another change is more important: the number of opinions
issued by the Court has fallen by more than half in the past 20 years. The Court heard
roughly 150 cases a year through the 1980s, but this number has fallen to only 65 to
85 cases in recent years (see Figure 14.3).^32 The change is even more dramatic when
one considers that the Court has reduced the number of “summary decisions” it
issues (cases that do not receive a full hearing but on which the Court issues a decision
anyway) from 150 a year in the 1970s to a handful today. The number of summary
judgments declined when Congress gave the Court more control over its docket and
dramatically reduced the number of cases that it was required to hear on appeal.
However, there is no good explanation for why the Court issues half as many opinions
as it used to, other than that the chief justices have decided that the Court shouldn’t
issue so many opinions. The lower number of cases heard in the 2016–2017 term was
partly explained by the vacancy created by Justice Scalia’s death. Because of the
potential 4–4 deadlock, justices were unwilling to take on some cases until they were
back to full strength.^33Rules of Access
With the smaller number of cases being heard, it is even more important to understand
how the Court decides which cases to consider. There are four paths that a case may
take to get to the Supreme Court. First, Article III of the Constitution specifies thatFIGURE
14.30
20
40
60
80
100
120
140
160
180
1980 1985 1990 1995
Cases argued before the Court2000 2005 2010 2015 2017
0
1,000
2,000
3,000
4,000
5,000
6,000
7,000
8,000
9,000
1980 1985 1990 1995 2000 2005 2010 2015 2017
Cases available for reviewThe Court
Sees More
Opportunities ...
but Hears Fewer
CasesThe Supreme Court’s workload
appears to be headed in two
directions: the Court is receiving more
cases but hearing fewer of them.
What are the implications of having
the Supreme Court hear fewer cases?
Should something be done to try to
get the Court to hear more cases?Source: Data compiled from “Chief Justice’s
Year-End Reports on the Federal Judiciary,”
http://www.supremecourt.gov (accessed 3/14/18).Full_15_APT_64431_ch14_488-529.indd 506 19/11/18 1:06 PM