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Rule 19 of the Supreme Court Rules allows for the certification of legal questions to the United States Supreme Court. The rule provides that "a United States court of appeals may certify to this Court a question or proposition of law on which it seeks instruction for the proper decision of a case. The certificate shall contain a statement of ...
In 1936, the Supreme Court of California held that because the state constitution reserves judicial decisionmaking to the judicial branch, it lacked jurisdiction to issue a writ of certiorari to review the decision of a state board unless that board had been expressly authorized by the state constitution to exercise judicial power. [34]
In modern jurisprudence, § 1254(2) certification has become very rare. For example, when the en banc Fifth Circuit attempted to certify a question in 2009 (also a rare occurrence), the Supreme Court summarily declined to consider the case. [58] Certified questions are also governed by Supreme Court Rule 19.
The Supreme Court declined Monday to take up an appeal from conservative states challenging California’s ability to establish strict vehicle emission rules that effectively set the standard for ...
The Antiterrorism and Effective Death Penalty Act of 1996 changed the procedures for issuing a certificate of appealability in federal court. Under the 1996 law, there can be no appeal from a final order in a §2255 proceeding unless a circuit justice or judge issues a certificate of appealability. [7] The United States Supreme Court held in ...
(Reuters) -The U.S. Supreme Court agreed on Friday to hear a bid by fuel producers to challenge California's standards for vehicle emissions and electric cars under a federal air pollution law in ...
The court also hears questions submitted to it by appeals courts themselves via a process known as certification. [200] The Supreme Court relies on the record assembled by lower courts for the facts of a case and deals solely with the question of how the law applies to the facts presented.
California’s request to impose standards well beyond that is pending with the EPA. The state wants to end the sale of new vehicles that run solely on gasoline by 2035.