And SCOTUS approved Rule 11 on this case. Meaning SCOTUS accepted the case without the lower courts ruling, thus bypassing the Appellate court. NOTE: "imperative public importance.
Rule 11. Certiorari to a United States Court of Appeals before Judgment
A petition for a writ of certiorari to review a case pending in a United States court of appeals, before judgment is entered in that court, will be granted only upon a showing that the case is of such imperative public importance as to justify deviation from normal appellate practice and to require immediate determination in this Court. See 28 U. S. C. § 2101(e).
The court didn’t accept the case, they rejected it on Jan 9 2023 and then on Feb 21 refused Brunson’s request that they reconsider the initial rejection.
Understood. But, wouldn't they have ruled or sent back to the lower courts? The position is that the case is still in SCOTUS and they can can bring it up at anytime. I'm no legal scholar, but it's been done before. Cases sit in limbo for years.... Backlogs and all.
They could have left it in limbo, but that would have been a relist which isn’t what happened here.
They could have sent it back to the lower court, but they do that by granting cert, then after oral argument releasing an opinion explaining what the lower court got wrong and directing the lower court to act in accordance with the opinion.
It’s very strange they haven’t thrown it out. It’s so “conspiratorial” to the average person there’s a reason they haven’t tossed it for good.
Keeping it in their back pocket for when it's needed...
And SCOTUS approved Rule 11 on this case. Meaning SCOTUS accepted the case without the lower courts ruling, thus bypassing the Appellate court. NOTE: "imperative public importance.
Rule 11. Certiorari to a United States Court of Appeals before Judgment A petition for a writ of certiorari to review a case pending in a United States court of appeals, before judgment is entered in that court, will be granted only upon a showing that the case is of such imperative public importance as to justify deviation from normal appellate practice and to require immediate determination in this Court. See 28 U. S. C. § 2101(e).
The court didn’t accept the case, they rejected it on Jan 9 2023 and then on Feb 21 refused Brunson’s request that they reconsider the initial rejection.
Brunson claimed that he had a rule 11 case, but the court disagreed. https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/22-380.html
Understood. But, wouldn't they have ruled or sent back to the lower courts? The position is that the case is still in SCOTUS and they can can bring it up at anytime. I'm no legal scholar, but it's been done before. Cases sit in limbo for years.... Backlogs and all.
They could have left it in limbo, but that would have been a relist which isn’t what happened here.
They could have sent it back to the lower court, but they do that by granting cert, then after oral argument releasing an opinion explaining what the lower court got wrong and directing the lower court to act in accordance with the opinion.
What they did, in the Jan 9 order (https://www.supremecourt.gov/orders/courtorders/010923zor_p860.pdf) is deny cert. That kills the case dead forever.
They tossed it for good, on Feb 21 2023. https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/22-380.html