Glossary

Remand

Definition

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

Why it matters

A Supreme Court remand tells the lower court to apply the Court's ruling, reconsider the case, or take another required step.

In practice

Remands appear in merits opinions, summary orders, and grant-vacate-remand orders when more lower-court work is needed.

Ask what instruction the lower court received and whether the Supreme Court resolved the central merits question.

Common confusion

Remand does not always mean the Supreme Court decided every issue. Some questions may remain for the lower court.

Examples

Case remandedBurford German Funding LLC v. financialright claims GmbHBurford German Funding LLC and financialright claims GmbH dispute whether a federal court with jurisdiction over a case can pause it and require arbitration. The Supreme Court granted the petition, wiped out the Third Circuit’s judgment (vacated it), and sent the case back to that court (remanded) for another look in light of Jules v. Andre Balazs Properties—a grant-vacate-remand (GVR) order, not a decision on the arbitration question.Remand issue25-1269 Case remandedBenancio Garcia, III v. Steven Hobbs, Secretary of State of WashingtonBenancio Garcia III said Washington drew Legislative District 15 based on race in violation of the Constitution, and argued a court-ordered replacement district in another case worsened his injury; the Ninth Circuit upheld dismissal of his claim as no longer a live dispute (moot). The Supreme Court granted Garcia’s petition for review (agreed to hear the case), wiped out the Ninth Circuit’s ruling (vacated it), and sent the case back (remanded) for another look in light of Louisiana v. Callais, without deciding whether the claim is moot.Remand issue25-901 Case remandedJose A. Trevino v. Steven Hobbs, Secretary of State of WashingtonThe case concerns a Voting Rights Act challenge to Washington’s legislative district 15 and José A. Trevino and other intervenors’ objections to a court-ordered replacement map. The Supreme Court agreed to hear the case, wiped out the Ninth Circuit’s judgment (vacated it), and sent the case back to the Ninth Circuit for another look (remanded it) in light of Louisiana v. Callais, without deciding the underlying questions.Remand issue25-918

Related terms