Construction of Jurisdictional Statutes as Establishing Jurisdiction

The appellant has the burden of affirmatively establishing the jurisdiction of the United States Supreme Court.  The policy against premature constitutional adjudications demands that any doubts in maintaining this burden be resolved against jurisdiction.[i]  However, consent or acquiescence of the parties does not suffice to establish a court’s appellate jurisdiction.[ii]  Even if a jurisdictional challenge is not raised, the Supreme Court must examine the question on its own will or motion,.which means to act spontaneously without prompting from another party.[iii]

 

[i] Republic Natural Gas Co. v. Oklahoma, 334 U.S. 62 (U.S. 1948)

[ii] New York ex rel. Bryant v. Zimmerman, 278 U.S. 63 (U.S. 1928)

[iii] Duquesne Light Co. v. Barasch, 488 U.S. 299, 109 S. Ct. 609, 102 L. Ed. 2d 646 (1989)


Inside Construction of Jurisdictional Statutes as Establishing Jurisdiction