Equal Access to the Supreme Court: The Missing Pieces

Today's Just Security has this essay by Global Military Justice Reform contributor Prof. Brenner M. Fissell and the Editor. Excerpt:

Congress erred when it retained the general category-by-category approach in [28 U.S.C.] § 1259, rather than the more sweeping approach found in 28 U.S.C. § 1254 for federal cases and § 1257 for cases coming up from the state courts. There being no congressional hearing record or report language to shed light on the omissions we have discussed, we can only surmise that the omissions were unintentional. The cases left out may be few in number and pretty arcane, but we urge Congress to now finish the job and open the doors that remain closed to Supreme Court review.