U.S. Supreme Court,
Appellate Practice
Nov. 23, 2020
Shadow precedent?
Making sense of the precedential value of the US Supreme Court’s non-merits orders
Susan Yorke
Of Counsel
California Appellate Law Group LLP
Susan served as a law clerk on the 9th Circuit for two judges and in the Appellate Division of the Oregon Department of Justice. Find out more about Susan and the California Appellate Law Group LLP at www.calapplaw.com. Appellate Zealots is a monthly column on recent appellate decisions written by the attorneys of the California Appellate Law Group LLP.
The U.S. Supreme Court's merits opinions get a lot of attention. And rightly so. These opinions represent our highest court's final word on cases of utmost importance, handed down after years of litigation, mountains of briefing, and the benefit of prior attempts at resolution by the lower courts.
Recently, however, another kind of Supreme Court case has captured the attention of lawyers and the general publi...
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