Unpublished Federal Opinions: Not Precedential, but Still Potentially Cert-Worthy

Most federal circuit court decisions are never published. Unpublished decisions are not precedential; they bind only the parties to the case. But that doesn’t mean unpublished decisions are never worthy of review by the Supreme Court. In fact, the Supreme Court grants certiorari to review unpublished decisions with some frequency, and some Justices (past and present) have even said they give unpublished decisions a close look to ensure appellate courts are not using them as a mechanism to evade review.

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