Footnotes (439)



Judging in Chambers: The Powers of a Single Justice of the Supreme Court

Daniel Gonen

affiliation not provided to SSRN

August 23, 2008

University of Cincinnati Law Review, Vol. 76, 2008

A relatively obscure power of individual federal judges, including Supreme Court Justices, is the power to grant interim relief to a litigant pending appellate review of a lower court's judgment or order. Individual Justices routinely use this power, exercising virtually unfettered discretion to determine the interim outcome of cases during the months and years it can take for the appellate process to conclude. In some cases, an individual Justice has the power to decide if a case will be kept in a posture in which appellate review is even possible. This Article explores this power, largely focusing on the Supreme Court level, and offers a critical assessment of its use as a matter of both constitutional theory and sound judicial policy. Article III vests the judicial power of the United States in courts, not judges, and this Article traces this historical practice of judges ruling from chambers, rather than from the bench, to argue that the powers of a single judge are limited to emergency situations and quasi-administrative tasks. The Article then argues that the current procedures regarding applications for interim relief should be altered so that the decisions are generally made by multi-member courts rather than individual judges or Justices.

Number of Pages in PDF File: 73

Keywords: Supreme Court, Death Penalty, Jurisdiction, Federal Courts, Structure of Judiciary, Interim Relief, Stay of execution

Open PDF in Browser Download This Paper

Date posted: October 16, 2008  

Suggested Citation

Gonen, Daniel, Judging in Chambers: The Powers of a Single Justice of the Supreme Court (August 23, 2008). University of Cincinnati Law Review, Vol. 76, 2008. Available at SSRN: http://ssrn.com/abstract=1282265

Contact Information

Daniel Gonen (Contact Author)
affiliation not provided to SSRN ( email )
Feedback to SSRN

Paper statistics
Abstract Views: 1,351
Downloads: 192
Download Rank: 106,826
Footnotes:  439

© 2015 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.390 seconds