Top Law Schools

I feel dumb for asking this, but w/e.

As far as I know, SCOTUS can hear on appeal all live cases + controversies. Is there a reason that every case we read involves a federal question? Is this just the SCOTUS exercising their discretion and not granting cert to diversity cases from lower federal courts? Is there a reason for this?

Thanks.

I think it probably depends on what you are talking about. If you are spending a lot of time talking about Congressional power for example then more cases are probably going to be federal questions because they are going to inevitably involve laws passed by Congress.

The same is going to be true for Executive power.

And I would guess most of the equal rights / fundamental right stuff would start in State court. I'm not really sure why not more diversity cases though.

Federal courts sitting in diversity are deciding questions of state law, which they either decide according to state precedent or certify to the state's Supreme Court. After that, the only way its getting through to a CoA or SCOTUS is if it violates the Constitution or there's a preemption question.

MrKappus wrote:Federal courts sitting in diversity are deciding questions of state law, which they either decide according to state precedent or certify to the state's Supreme Court. After that, the only way its getting through to a CoA or SCOTUS is if it violates the Constitution or there's a preemption question.

+1, virtual hornbook answer

MrKappus wrote:Federal courts sitting in diversity are deciding questions of state law, which they either decide according to state precedent or certify to the state's Supreme Court. After that, the only way its getting through to a CoA or SCOTUS is if it violates the Constitution or there's a preemption question.

This is correct. The Supreme Court could decide an issue of state law, but it would really be a waste of their time, since the state supreme court has the ultimate authority to decide questions of state law.