World Library  
Flag as Inappropriate
Email this Article

Certiorari before judgment

Article Id: WHEBN0021083900
Reproduction Date:

Title: Certiorari before judgment  
Author: World Heritage Encyclopedia
Language: English
Subject: Cert, Supreme Court of the United States, Barack Obama presidential eligibility litigation, Sevcik v. Sandoval, Golinski v. Office of Personnel Management
Collection:
Publisher: World Heritage Encyclopedia
Publication
Date:
 

Certiorari before judgment

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.

Certiorari before judgment is rarely granted. Supreme Court Rule 11 provides that this procedure will be followed "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." A writ of certiorari before judgment may be granted only in federal cases, and is not necessary in those cases where a statute authorizes a direct appeal from a District Court to the Supreme Court.

Well-known cases in which the Supreme Court has granted certiorari before judgment and heard the case on an expedited basis have included Ex parte Quirin (1942), United States v. United Mine Workers (1947), United States v. Nixon (1974), Dames & Moore v. Regan (1981), Northern Pipeline Co. v. Marathon Pipe Line Co. (1982), and United States v. Booker (2005).

References

  • Eugene Gressman et al., Supreme Court Practice (BNA Books, 9th ed. 2007), section 2.4
This article was sourced from Creative Commons Attribution-ShareAlike License; additional terms may apply. World Heritage Encyclopedia content is assembled from numerous content providers, Open Access Publishing, and in compliance with The Fair Access to Science and Technology Research Act (FASTR), Wikimedia Foundation, Inc., Public Library of Science, The Encyclopedia of Life, Open Book Publishers (OBP), PubMed, U.S. National Library of Medicine, National Center for Biotechnology Information, U.S. National Library of Medicine, National Institutes of Health (NIH), U.S. Department of Health & Human Services, and USA.gov, which sources content from all federal, state, local, tribal, and territorial government publication portals (.gov, .mil, .edu). Funding for USA.gov and content contributors is made possible from the U.S. Congress, E-Government Act of 2002.
 
Crowd sourced content that is contributed to World Heritage Encyclopedia is peer reviewed and edited by our editorial staff to ensure quality scholarly research articles.
 
By using this site, you agree to the Terms of Use and Privacy Policy. World Heritage Encyclopedia™ is a registered trademark of the World Public Library Association, a non-profit organization.
 


Copyright © World Library Foundation. All rights reserved. eBooks from Project Gutenberg are sponsored by the World Library Foundation,
a 501c(4) Member's Support Non-Profit Organization, and is NOT affiliated with any governmental agency or department.