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Supreme Court Repeaters

38 Pages Posted: 24 Jul 2016 Last revised: 19 Oct 2016

Jason Iuliano

Yale University - Law School

Ya Sheng Lin

Princeton University, Woodrow Wilson School of Public and International Affairs, Department of Politics, Students

Date Written: July 18, 2016

Abstract

A case that receives cert once is special. A case that receives cert twice is truly exceptional. This Article is the first to examine the phenomenon of “Supreme Court Repeaters.” Although Repeaters may seem like mere curiosities, they are actually a valuable part of the Supreme Court’s docket. Our analysis reveals that the Justices use Repeaters in three ways: (1) to set up important substantive questions that could not be addressed on the first pass; (2) to supervise lower courts; and (3) to address different substantive issues that arise at distinct points in litigation. In this Article, we investigate Supreme Court Repeaters from the last ninety years and present our findings.

Keywords: Supreme Court, certiorari

Suggested Citation

Iuliano, Jason and Lin, Ya Sheng, Supreme Court Repeaters (July 18, 2016). 70 Vanderbilt Law Review 1349 (2016). Available at SSRN: https://ssrn.com/abstract=2811285

Jason Iuliano (Contact Author)

Yale University - Law School ( email )

P.O. Box 208215
New Haven, CT 06520-8215
United States

Ya Sheng Lin

Princeton University, Woodrow Wilson School of Public and International Affairs, Department of Politics, Students ( email )

Princeton, NJ
United States

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