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A vacated judgment is usually the result of the judgment of an appellate court, which overturns, reverses, or sets aside the judgment of a lower court. An appellate court may also vacate its own decisions. Rules of procedure may allow vacatur either at the request of a party (a motion to vacate) or sua sponte (at the court's initiative). [1]
While Article III courts are allowed to remand a case back to Article I courts, there is a recent trend towards divesting U.S. magistrate judges from the power to remand cases back to state court. [5] The same statutory basis for divesting magistrate judges of their power to remand may logically be applied to Article I judges.
In light of this, on June 27, the Supreme Court granted Limon's petition, vacated the ruling of the Kansas Court of Appeals, and remanded the case for further consideration. After the Court of Appeals again upheld the law, the Kansas Supreme Court agreed to hear the case and unanimously struck down the part of the law excluding same-sex sexual ...
An exception exists when this situation arises in one of the now-rare cases brought directly to the Supreme Court on appeal from a United States District Court; in this situation, the case is referred to the U.S. Court of Appeals for the corresponding circuit for a final decision there by either the Court of Appeals sitting en banc, or a panel ...
The high court's decision reverses a 4-1 ruling Aug. 30 by the Commonwealth Court of Pennsylvania, which said that the current law, Act 77 of 2019, violates the fundamental right to vote under the ...
In the Supreme Court's 2023-24 term, its conservative supermajority handed down a series of alarming decisions. (J. Scott Applewhite / Associated Press)
Suja A. Thomas argues the Supreme Court has taken most of the constitutionally-defined power from juries in the United States for itself [336] thanks in part to the influence of legal elites and companies that prefer judges over juries [337] as well as the inability of the jury to defend its power.
The Supreme Court on July 1, 2024, kept on hold efforts by Texas and Florida to limit how Facebook, TikTok, X, YouTube and other social media platforms regulate content in a ruling that strongly ...