Certiorari before judgment is how SCOTUS takes up a full appeal *before* the intermediate federal courts have heard it.
@annabower.bsky.social
In December 2023, Special Counsel Jack Smith asked SCOTUS to grant cert before judgement to hear Trump’s immunity appeal.
The court rejected that request and didn’t issue its immunity decision until July 2024.
Trump’s federal cases never made it to trial before the November 2024 election.
Steve Vladeck
@stevevladeck.bsky.social
· 18h
Certiorari "before judgment" is how #SCOTUS takes up a full appeal *before* the intermediate federal courts have heard it.
It used to be exceedingly rare. For instance, there wasn't a *single* grant of such expedited review b/w August 2004 & February 2019.
This is the *23rd* such grant since then.
September 22, 2025
In December 2023, Special Counsel Jack Smith asked SCOTUS to grant cert before judgement to hear Trump’s immunity appeal.
— Anna Bower (@annabower.bsky.social) 2025-09-23T03:21:51.903Z
The court rejected that request and didn’t issue its immunity decision until July 2024.
Trump’s federal cases never made it to trial before the November 2024 election.
@stevevladeck.bsky.social
Certiorari "before judgment" is how #SCOTUS takes up a full appeal *before* the intermediate federal courts have heard it.
It used to be exceedingly rare. For instance, there wasn't a *single* grant of such expedited review b/w August 2004 & February 2019.
This is the *23rd* such grant since then.
Steve Vladeck
@stevevladeck.bsky.social
· 18h
#BREAKING: Over dissents from Justices Sotomayor, Kagan & Jackson, #SCOTUS grants a stay in the Slaughter case (allowing President Trump to remove the last Dem member of the FTC), *and* grants certiorari "before judgment" to decide whether to formally overrule its 1935 ruling in Humphrey's Executor.
September 22, 2025 at 3:43 PM
Certiorari "before judgment" is how #SCOTUS takes up a full appeal *before* the intermediate federal courts have heard it.
— Steve Vladeck (@stevevladeck.bsky.social) 2025-09-22T19:43:40.503Z
It used to be exceedingly rare. For instance, there wasn't a *single* grant of such expedited review b/w August 2004 & February 2019.
This is the *23rd* such grant since then.
@kevinmkruse.bsky.social
My God, I had no idea the rate had picked up that much.
September 22, 2025 at 3:44 PM
My God, I had no idea the rate had picked up that much.
— Kevin M. Kruse (@kevinmkruse.bsky.social) 2025-09-22T19:44:36.059Z
@stevevladeck.bsky.social
I have a longer piece in last December's issue of the Harvard Law Review on how a Court that used to insist it was one of "review, not first view" is, in fact, leapfrogging everyone in lots of cases, including through cert. before judgment:
https://harvardlawreview.org/wp-content/uploads/2024/11/138-Harv.-L.-Rev.-533.pdf
harvardlawreview.org
September 22, 2025 at 3:50 PM
I have a longer piece in last December's issue of the Harvard Law Review on how a Court that used to insist it was one of "review, not first view" is, in fact, leapfrogging everyone in lots of cases, including through cert. before judgment:
— Steve Vladeck (@stevevladeck.bsky.social) 2025-09-22T19:50:49.269Z
harvardlawreview.org/wp-content/u...