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Supreme Court glossary

18 termsA to Z

A

Administrative stay

An administrative stay is a short pause of a lower court's order that gives the Court time to consider an emergency application. It is not a ruling on the application.

Amicus brief

An amicus brief is a filing by a non-party, often called a friend of the court, offering extra legal or practical context.

C

Cert granted

The Supreme Court has agreed to review a case after a party asked it to issue a writ of certiorari.

Certiorari before judgment

Certiorari before judgment lets the Supreme Court take a case before the federal court of appeals has ruled on it.

Circuit justice

The circuit justice is the justice assigned to a region of federal courts, called a circuit, who first receives that region's emergency applications.

Concurring opinion

A concurring opinion agrees with the Court's judgment but explains separate or narrower reasoning.

D

DIG

DIG means dismissed as improvidently granted: the Court drops a case after deciding it should not have granted review.

Dissenting opinion

A dissenting opinion explains why one or more justices disagree with the Court's judgment or reasoning.

E

Emergency application

An emergency application asks the Supreme Court to act quickly, usually to pause a lower court's order or block a law or policy while the case goes on.

I

Injunction

An injunction is a court order requiring someone to do something or stop doing something.

Injunction pending appeal

An injunction pending appeal is an emergency order that blocks a law or action while an appeal goes on, usually after the lower courts refused to block it.

M

Merits brief

A merits brief is a party's main written argument about how the Supreme Court should decide the case.

P

Per curiam

A per curiam opinion is issued in the name of the Court rather than under a single justice's authorship.

Purcell principle

The Purcell principle, named for a 2006 Supreme Court decision, says federal courts should avoid changing a state's election rules close to an election.

R

Remand

A remand sends a case back to a lower court for more proceedings after the reviewing court acts.

S

Shadow docket

Shadow docket is a nickname for the Supreme Court's emergency docket: fast, temporary orders on urgent requests, made outside the usual schedule of briefs and arguments.

Stay

A stay is a temporary pause of a lower-court order, judgment, deadline, or proceeding.

Stay pending appeal

A stay pending appeal pauses a lower court's order while the case is appealed, so the order does not take effect while the appeal goes on.