Tuesday, August 26, 2025
Certiorari Before Judgment But Under Submission
A certiorari petition is before the Court in the tariffs challenge. The en banc Federal Circuit heard the case last month. One would think that the Federal Circuit would issue its decision before the Court’s Long Conference. But suppose that isn’t the case. Is there any precedent for the Court granting review on a case that was heard by a circuit court but not yet decided? The typical cert. before judgment case involves a grant from a District Court. This is what happened in Youngstown, for example, though the DC Circuit did issue an interim stay. Granting certiorari after the case is briefed an argued in circuit court, though, would seem odd.
Posted by Gerard Magliocca on August 26, 2025 at 11:14 AM | Permalink
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