Certiorari before judgment
Encyclopedia
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),.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
, 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
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
, without an appeal having been decided by a United States Court of Appeals
United States court of appeals
The United States courts of appeals are the intermediate appellate courts of the United States federal court system...
, 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
Ex parte Quirin
Ex parte Quirin, , is a Supreme Court of the United States case that upheld the jurisdiction of a United States military tribunal over the trial of several Operation Pastorius German saboteurs in the United States...
(1942), United States v. United Mine Workers
United States v. United Mine Workers
United States v. United Mine Workers, 330 U.S. 258 , was a decision issued by the United States Supreme Court in 1947 regarding labor law....
(1947), United States v. Nixon
United States v. Nixon
United States v. Nixon, , was a landmark United States Supreme Court decision. It was a unanimous 8-0 ruling involving President Richard Nixon and was important to the late stages of the Watergate scandal. It is considered a crucial precedent limiting the power of any U.S. president.Chief Justice...
(1974), Dames & Moore v. Regan
Dames & Moore v. Regan
Dames & Moore v. Regan, was a United States Supreme Court case dealing with President Jimmy Carter's Executive Order 12170, which froze Iranian assets in the United States on November 14, 1979 in response to the Iran hostage crisis which began on November 4, 1979.-Holding:After the inauguration of...
(1981), Northern Pipeline Co. v. Marathon Pipe Line Co.
Northern Pipeline Co. v. Marathon Pipe Line Co.
Northern Pipeline Co. v. Marathon Pipe Line Co., 458 U.S. 50 , was a case in which the Supreme Court of the United States held that Article III jurisdiction could not be conferred on non-Article III courts Northern Pipeline Co. v. Marathon Pipe Line Co., 458 U.S. 50 (1982), was a case in which the...
(1982), and United States v. Booker
United States v. Booker
United States v. Booker, , was a United States Supreme Court decision concerning criminal sentencing. The Court ruled that the Sixth Amendment right to jury trial requires that, other than a prior conviction, only facts admitted by a defendant or proved beyond a reasonable doubt to a jury may be...
(2005),.