Findlaw has an
article discussing the practicalities of getting a case before the Supreme
Court, and according to the article,
According to the last
Harvard Law Review round-up, over 7000 petitions for certiorari were filed
during the 1994 Term of Court: 2151 in paid (i.e. , non-indigent) cases and
4,979 in in forma pauperis (IFP) cases. The Court granted review in 83 paid
cases (3.9%) and 10 IFP cases (0.5%).
And according to the
Supreme Court's
web site:
The Court's caseload has increased steadily to
a current total of more than 10,000 cases on the docket per Term. The increase
has been rapid in recent years. In 1960, only 2,313 cases were on the docket,
and in 1945, only 1,460. Plenary review, with oral arguments by attorneys, is
granted in about 100 cases per Term. Formal written opinions are delivered in 80
to 90 cases. Approximately 50 to 60 additional cases are disposed of without
granting plenary review.
So out of 10,000 docketed cases,
only about 100 (1%) get to oral argument, and just a few more get considered on
a non-review basis.
So I'd say that while it's possible this case could
end up before the Supreme Court, the chances are not good.
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