Supreme Court Rule 11

Supreme Court Rule 11 is a procedure for leapfrogging a decision by a U.S. Court of Appeals, by going to the United States Supreme Court itself:

“  |  Rule 11. Certiorari to a United States Court of Appeals Before Judgment

A petition for a writ of certiorari to review a case pending in a United States court of appeals, before judgment is entered in that court, will be granted only upon a showing that the case is of such imperative public importance as to justify deviation from normal appellate practice and to require immediate determination in this Court. See 28 U. S. C. § 2101(e).

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Its predecessor was Supreme Court Rule 20, which was invoked in Roe v. Wade:

“  |  It might have been preferable if the defendant, pursuant to our Rule 20, had presented to us a petition for certiorari before judgment in the Court of Appeals with respect to the granting of the plaintiffs' prayer for declaratory relief. Our decisions in Mitchell v. Donovan, 398 U.S. 427 (1970), and Gunn v. University Committee, 399 U.S. 383 (1970), are to the effect that § 1253 does not authorize an appeal to this Court from the grant or denial of declaratory relief alone. We conclude, nevertheless, that those decisions do not foreclose our review of both the injunctive and the declaratory aspects of a case of this kind when it is properly here, as this one is, on appeal under § 1253 from specific denial of injunctive relief, and the arguments as to both aspects are necessarily identical. See Carter v. Jury Comm'n, 396 U.S. 320 (1970); Florida Lime Growers v. Jacobsen, 362 U.S. 73, 80-81 (1960). It would be destructive of time and energy for all concerned were we to rule otherwise. Cf. Doe v. Bolton, post, p. 179.  |  ”

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Roe v. Wade, 410 U.S. 113, 123, 93 S. Ct. 705, 711-12 (1973).

## Cert before Judgment[edit]

Cert before judgment is a startling new trend by the Supreme Court that began in 2019. The expedited granting of cert by SCOTUS prior to a judgment by the 8th Circuit in the student loan case adds to 14 other times it has done so since February 2019, after not doing it for 14 years before then.[1]

## References[edit]

1. ↑ https://www.scotusblog.com/2022/01/the-rise-of-certiorari-before-judgment/