gloss · the reading room

Hunter v. United States · ¶117

The supervisory power's only “arguable basis” in the Constitution's text comes from its “establishment of this Court as `supreme,' as distinct from the `inferior Courts' that Congress has discretion to create.” Tsarnaev, 595 U. S., at 326 (Barrett, J., concurring). But, that aspect of Article III's structure does not justify a general supervisory power. That this Court is in some respects “supreme” over other federal courts—we review their judgments—does not remotely entail “that the Constitution requires across-theboard subordination of inferior courts” to the Supreme Court. Barrett, 106 Colum. L. Rev., at 365. Instead, any “viable claim to supervisory authority” over an area of law must be “rooted in history.” Id., at 366.
Read in context ›

preliminary print (page proof)
Source edition
Passage preview. Read in context for the complete text, notes and references.