3 ms·
The SCOTUS doesn't have to rehear the case. They can and sometimes do respond to a petition by just reversing the lower court.
by bcoates 14y ago
The SCOTUS doesn't have to rehear the case. They can and sometimes do respond to a petition by just reversing the lower court.
- rprasad 14y agoThey can, but ruling on an appeal without issuing an opinion is not only considered bad jurisprudence, it has no precedential effect and thus does not create binding law on the lower court. Consequently, it is rarely done. Moreover, in most instances where it is done, the reversal is on procedural rather than substantive grounds.
- bluedanieru 14y agoIt seems whether the ruling sets a precedent or not is irrelevant, since the Federal Circuit will just ignore it anyway.