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An order of this sort is typically appropriate when there has been a change in legal circumstances subsequent to the lower court or agency's decision, such as a change in the law, a precedential ruling, or a confession of error; the Supreme Court simply sends the case back to the lower court to be reconsidered in light of the new law or the new ...
This especially refers to stays and injunctions (preliminary relief), but also includes summary decisions and grant, vacate, remand (GVR) orders. The phrase "shadow docket" was first used in this context in 2015 by University of Chicago Law professor William Baude. The shadow docket is a break from ordinary procedure. Such cases receive very ...
A remand may be a full remand, essentially ordering an entirely new trial; when an appellate court grants a full remand, the lower court's decision is "reversed and remanded." Alternatively, it may be "with instructions" specifying, for example, that the lower court must use a different legal standard when considering facts already entered at ...
Jay, Rutledge, and Ellsworth Courts (October 19, 1789 – December 15, 1800); Marshall Court (February 4, 1801 – July 6, 1835); Taney Court (March 28, 1836 – October 12, 1864)
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] A vacated judgment may free the parties to civil litigation to re-litigate the issues subject to the vacated judgment.
One paragraph. The Court initially granted review of only Question 1 of the cert petition. After hearing arguments, the Court dismissed as improvidently granted, but simultaneously issued a grant, vacate, remand of the entire cert petition in light of Anza v. Ideal Steel Supply Corp., which had been decided the same day. Maryland v. Blake
The grant or denial of certiorari petitions by the Court are usually issued as one-sentence orders without explanation. If the Supreme Court grants certiorari (or the certified question or other extraordinary writ), then a briefing schedule is arranged for the parties to submit their briefs in favor of or against a particular form of relief.
A petition for certiorari before judgment, in the Supreme Court of the United States, is a petition for a writ of certiorari in which the Supreme Court is asked to immediately review the decision of a United States District Court, without an appeal having been decided by a United States Court of Appeals, for the purpose of expediting the proceedings and obtaining a final decision.
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