Web Analytics

"But No One Argued That: Sua Sponte Decisions on Appeal"


Below is an excerpt:

When appellate courts decide issues on their own, they may undermine the values of our adversary system. Sua sponte decisions need greater consistency to preserve those values.

It happens. It doesn’t happen in every appeal, or even often, but it does happen. Lawyers frame the issues for a reviewing court in their briefs. They present them again at oral argument. Then, months later, the court decides the case based on an issue that neither side ever mentioned.


Related Capabilities

Follow Quarles

Subscribe Media Contact
Back to Main Content

We use cookies to provide you with the best user experience on our website and to analyze statistics related to our website. To understand more about how we use cookies, or for instructions to change your preference and browser settings, please see our Privacy Notice. Please note that if you choose to reject cookies, doing so may impair some of our website's functionality.