Thanks for explaining this. I love learning about the legal questions buried in these more opaque cases. It's such a good explanation for non-lawyers.
One question I have -- why was this granted cert in the first place? There's no circuit split, it's only ever going to affect the Federal Circuit. It's hardly the most pressing question bef…
Thanks for explaining this. I love learning about the legal questions buried in these more opaque cases. It's such a good explanation for non-lawyers.
One question I have -- why was this granted cert in the first place? There's no circuit split, it's only ever going to affect the Federal Circuit. It's hardly the most pressing question before the court and it's a close call, as you say. The Federal Circuit's decision seems perfectly reasonable, so why not let sleeping dogs lie?
The Federal Circuit has exclusive jurisdiction over the subject matter within its ambit, so waiting for a circuit split is not a useful heuristic for thinking about when cert should be granted on any of their decisions.
I don't have a great sense for what the Court is looking for when deciding whether to grant cert on Federal Circuit appeals (they basically never take any involving, say, government contracts cases, for example), but I don't think it's a bad thing for them to be a bit more liberal towards taking up appeals out of that particular jurisdiction given the absence of other correctives.
Thanks for explaining this. I love learning about the legal questions buried in these more opaque cases. It's such a good explanation for non-lawyers.
One question I have -- why was this granted cert in the first place? There's no circuit split, it's only ever going to affect the Federal Circuit. It's hardly the most pressing question before the court and it's a close call, as you say. The Federal Circuit's decision seems perfectly reasonable, so why not let sleeping dogs lie?
The Federal Circuit has exclusive jurisdiction over the subject matter within its ambit, so waiting for a circuit split is not a useful heuristic for thinking about when cert should be granted on any of their decisions.
I don't have a great sense for what the Court is looking for when deciding whether to grant cert on Federal Circuit appeals (they basically never take any involving, say, government contracts cases, for example), but I don't think it's a bad thing for them to be a bit more liberal towards taking up appeals out of that particular jurisdiction given the absence of other correctives.