Still Questioning Certiorari

Edward A. Hartnett*

Twenty-five years ago, I wrote an article reflecting on the seventy-fifth anniversary of the Judges’ Bill, entitled Questioning Certiorari: Some Reflections Seventy-Five Years After the Judges’ Bill. Here, I reflect on the past twenty-five years and suggest that the information presented in that article remains true and the questions posed remain (at least largely) unanswered. For those reasons, I continue to question certiorari.

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© 2025 Edward A. Hartnett. Individuals and nonprofit institutions may reproduce and distribute copies of this Article in any format at or below cost, for educational purposes, so long as each copy identifies the author, provides a citation to the Notre Dame Law Review, and includes this provision in the copyright notice.

*Richard J. Hughes Professor for Constitutional and Public Law and Service, Seton Hall University School of Law. Thanks to the staff of the Notre Dame Law Review for putting this symposium together, and thanks to the other contributors to the symposium for their insights.