# Will the Supreme Court eventually become obsolete?

**URL:** <https://boards.straightdope.com/t/will-the-supreme-court-eventually-become-obsolete/732628>\
**Category:** Great Debates\
**Created:** [September 26, 2015, 8:54pm UTC](https://boards.straightdope.com/t/will-the-supreme-court-eventually-become-obsolete/732628 "2015-09-26T20:54:09Z")\
**Posts on this page:** 12\
**Page:** 1

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**Author:** ![Mrdeals](https://avatars.discourse-cdn.com/v4/letter/m/ea666f/32.png) [@Mrdeals](https://boards.straightdope.com/u/Mrdeals)\
**Post date:** [September 26, 2015, 8:54pm UTC](https://boards.straightdope.com/t/will-the-supreme-court-eventually-become-obsolete/732628/1 "2015-09-26T20:54:09Z")

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I could be wrong, but to the best of my knowledge, the Supreme Court is around to uphold the constitution and make decisions on issues that have no precedent.

As more cases happen and more precedents establish. Will the Supreme Court no longer be necessary?

Are there any year to year numbers that show cases seen by the SC?

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**Author:** ![DrCube](https://avatars.discourse-cdn.com/v4/letter/d/a3d4f5/32.png) [@DrCube](https://boards.straightdope.com/u/DrCube)\
**Post date:** [September 26, 2015, 8:58pm UTC](https://boards.straightdope.com/t/will-the-supreme-court-eventually-become-obsolete/732628/2 "2015-09-26T20:58:50Z")

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No, because society always changes, and so new legal questions will always arise. Also, new laws constantly get introduced, which the courts need to interpret within the framework of the existing legislation and case law.

Also, precedents get overturned. “Separate but equal”, for example.

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**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\
**Post date:** [September 26, 2015, 8:58pm UTC](https://boards.straightdope.com/t/will-the-supreme-court-eventually-become-obsolete/732628/3 "2015-09-26T20:58:58Z")

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During the recent SSM kerfluffle, I read somewhere that 10,000 cases per year are reach the SCOTUS. Only 75-90 are heard, the rest are rejected and the lower court decision stands.

No lack of work.

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**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\
**Post date:** [September 26, 2015, 9:00pm UTC](https://boards.straightdope.com/t/will-the-supreme-court-eventually-become-obsolete/732628/4 "2015-09-26T21:00:13Z")

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You will find this [article](http://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=3424&context=wmlr) interesting.

Explaining the Supreme Court’s Shrinking Docket

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**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\
**Post date:** [September 26, 2015, 9:11pm UTC](https://boards.straightdope.com/t/will-the-supreme-court-eventually-become-obsolete/732628/5 "2015-09-26T21:11:04Z")

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Since this is not a factual question, let’s move it to Great Debates.

Colibri  
General Questions Moderator

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**Author:** ![jimbuff314](https://avatars.discourse-cdn.com/v4/letter/j/c57346/32.png) [@jimbuff314](https://boards.straightdope.com/u/jimbuff314)\
**Post date:** [September 26, 2015, 10:16pm UTC](https://boards.straightdope.com/t/will-the-supreme-court-eventually-become-obsolete/732628/6 "2015-09-26T22:16:10Z")

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Huh?

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**Author:** ![Leaper](https://avatars.discourse-cdn.com/v4/letter/l/4bbf92/32.png) [@Leaper](https://boards.straightdope.com/u/Leaper)\
**Post date:** [September 26, 2015, 10:20pm UTC](https://boards.straightdope.com/t/will-the-supreme-court-eventually-become-obsolete/732628/7 "2015-09-26T22:20:38Z")

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> [@DrCube](#):
>
> No, because society always changes, and so new legal questions will always arise. Also, new laws constantly get introduced, which the courts need to interpret within the framework of the existing legislation and case law.
> 
> Also, precedents get overturned. “Separate but equal”, for example.

Not to mention new technology putting new twists on old questions.

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**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\
**Post date:** [September 26, 2015, 10:24pm UTC](https://boards.straightdope.com/t/will-the-supreme-court-eventually-become-obsolete/732628/8 "2015-09-26T22:24:32Z")

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> [@Mrdeals](#):
>
> I could be wrong, but to the best of my knowledge, the Supreme Court is around to uphold the constitution…

No, it really isn’t. That’s part of its duties, but that’s also part of the duties of every lower level of federal court.

The role of the Supreme Court is the same as that of any other Appellate Court, to review decisions made by lower courts. Those may include interpretations of the Constitution but much more typically involve interpretations of legislative law. The Supreme Court is the final arbiter of the meaning of the Constitution, true, but anything one court says can be overruled by a later court. Precedent is not overturned lightly but nothing in law mandates that a precedent is carved in stone.

I once said that the entire history of the Supreme Court in the 20th century is the overturning of previous Supreme Court decisions. That’s hyperbole, obviously, but read about the Court from Brandeis on and the magnitude of those reversals will overwhelm you.

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**Author:** ![Asimovian](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/asimovian/32/172_2.png) [@Asimovian](https://boards.straightdope.com/u/Asimovian)\
**Post date:** [September 26, 2015, 11:09pm UTC](https://boards.straightdope.com/t/will-the-supreme-court-eventually-become-obsolete/732628/9 "2015-09-26T23:09:24Z")

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> [@Colibri](#):
>
> Since this is not a factual question, let’s move it to Great Debates.
> 
> Colibri  
> General Questions Moderator

You came up _just_ short. Let me nudge it that one last step.

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**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\
**Post date:** [September 27, 2015, 7:24am UTC](https://boards.straightdope.com/t/will-the-supreme-court-eventually-become-obsolete/732628/10 "2015-09-27T07:24:03Z")

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> [@Mrdeals](#):
>
> I could be wrong, but to the best of my knowledge, the Supreme Court is around to uphold the constitution and make decisions on issues that have no precedent.

You are wrong. The SCOTUS is also charged with interpreting laws when there is a legal challenge. The recent, controversial, case involving Hobby Lobby was a case of interpreting the Religious Freedom Restoration Act, not the 1st Amendment.

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**Author:** ![PatrickLondon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/patricklondon/32/4422_2.png) [@PatrickLondon](https://boards.straightdope.com/u/PatrickLondon)\
**Post date:** [September 27, 2015, 8:08am UTC](https://boards.straightdope.com/t/will-the-supreme-court-eventually-become-obsolete/732628/11 "2015-09-27T08:08:36Z")

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When people stop looking for validation and agreement for their sense of grievance - that’s when courts become redundant.

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**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\
**Post date:** [September 27, 2015, 4:12pm UTC](https://boards.straightdope.com/t/will-the-supreme-court-eventually-become-obsolete/732628/12 "2015-09-27T16:12:20Z")

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> [@PatrickLondon](#):
>
> When people stop looking for validation and agreement for their sense of grievance - that’s when courts become redundant.

In our real world, most court cases are about nitpicky interpretations of what companies can do under the relevant legislation. And the rest are about what governmental bodies can do under the relevant legislation.

Please don’t look for validation of or agreement with your statement. You won’t find any.
