IN NOVEMBER 1977, H.R. 3969 -- A BILL TO CREATE A NATIONAL COURT OF APPEALS -- WAS PENDING BEFORE THE HOUSE SUBCOMMITTEE ON COURTS, CIVIL LIBERTIES, AND THE ADMINISTRATION OF JUSTICE. THE AUTHOR OF THE BILL NOTES THAT FROM 1951 TO 1976 THE NUMBER OF CASES FILED IN THE U.S. SUPREME COURT TRIPLED, WHILE THE COURT'S CAPACITY TO DECIDE ON THE MERITS OF EACH CASE REMAINED GENERALLY CONSTANT. IN 1976, THE COURT FACED AN ACCUMULATED CASELOAD OF MORE THAN 4,700 CASES AND WAS ABLE TO HOLD ORAL ARGUMENT ON APPROXIMATELY 135 OUT OF THE 3,900 CASES DISPOSED OF. THE NATIONAL COURT OF APPEALS IS ENVISIONED NOT AS AN ADDITIONAL LITIGATORY TIER BUT RATHER AS A 'SIDE-RAIL' COURT TO WHICH THE SUPREME COURT CAN DIRECT ITS OVERFLOW WHILE MAINTAINING FUNCTIONAL SUPERVISION OVER THE PRODUCT. THE PROPOSED SEVEN-JUDGE COURT, TO BE LOCATED PRIMARILY IN WASHINGTON, D.C., BUT EMPOWERED TO SIT ELSEWHERE, WOULD HEAR CASES REFERRED FROM THE SUPREME COURT OR TRANSFERRED FROM FEDERAL APPELLATE COURTS, THE COURT OF CLAIMS, OR THE COURT OF CUSTOMS AND PATENT APPEALS. THE NATIONAL COURT OF APPEALS WOULD HAVE SOME FLEXIBILITY IN DETERMINING ITS OWN CASELOAD. ANY DECISION MADE BY THE NEW COURT WOULD BE REVIEWABLE BY WRIT OF CERTIORARI IN THE SUPREME COURT. IN ADDITION TO INCREASING THE NUMBER OF DEFINITIVE DECISIONS THAT COULD BE MADE BY THE SUPREME COURT, THE ADJUNCT COURT WOULD PROVIDE THE SUPREME COURT WITH MORE CONTROL OVER THE QUALITY AND CONSISTENCY OF APPELLATE DECISIONS.