Welcome back, Deadline: Legal Newsletter readers. We're still on hiatus but gearing up to come back in the next few weeks. In the meantime, Jordan Rubin received a reader question we thought merited a special edition of Ask Jordan, a series where the former prosecutor tackles your most pressing legal questions.
"Can the Supreme Court take a position that it will not take up an appeal in the tariffs matter? That is, can it decide not to entertain the appeal, leaving the Federal Circuit's decision as the final adjudication?" — Gary
Hi Gary,
Yes, the Supreme Court can decline to consider the Trump administration's forthcoming appeal. The court wields significant discretion in setting its agenda. Per the court's internal procedure, four justices must vote to grant review. The court rejects most of the thousands of petitions it receives annually.
When the U.S. Court of Appeals for the Federal Circuit ruled against the administration Friday, it issued an order accompanying the ruling that underscores the fact that Supreme Court review isn't automatic here. The order said the circuit ruling will take effect Oct. 14, unless there's an appeal to the high court. If that happens — and Attorney General Pam Bondi said it will — the order said the circuit ruling won't take effect until the justices either 1) deny review or 2) issue their own ruling after granting review. In the latter scenario, of course, the justices could reverse or otherwise alter the circuit ruling.
Read the rest of Jordan Rubin's answer here.
Have any questions or comments for Jordan? Please submit them on this form for a chance to be featured in a future Deadline: Legal Blog and newsletter.
