Document Type
Brief
Case Name
The Synod of Bishops of the Russian Orthodox Church Outside of Russia v. Alexander Belya
Publication Date
3-31-2023
Abstract
No. 22-824
The Synod of Bishops of the Russian Orthodox Church Outside of Russia v. Alexander Belya
On Petition for a Writ of Certiorari to the United States Court of Appeals for the Second Circuit
From the Introduction and Summary of Argument
This case presents an exceptionally important question at the intersection of civil procedure and constitutional law. Under 28 U.S.C. § 1291, federal courts of appeals have jurisdiction over appeals from “final decisions of the district courts.” That provision, which “descends from the Judiciary Act of 1789,” has long been understood to confer appellate jurisdiction over more than just case-ending final judgments. Cunningham v. Hamilton County, 527 U.S. 198, 203 (1999). But precisely which pre-judgment orders can be immediately appealed under Section 1291—often termed “collateral orders”—has been far less clear.
Recommended Citation
Michel, Christopher G.; Frank, Rachel G.; Peraza, Isabel R.; Schroeder, Katherine; and Muller, Derek T., "Brief of Federal Courts Professor Derek T. Muller as Amicus Curiae in Support of Petitioners" (2023). Court Briefs. 88.
https://scholarship.law.nd.edu/sct_briefs/88
Included in
Civil Procedure Commons, Constitutional Law Commons, Courts Commons, Supreme Court of the United States Commons
Comments
Derek T. Muller is the Ben V. Willie Professor in Excellence and Professor of Law at the University of Iowa College of Law. He teaches courses on federal courts and civil procedure, among other subjects. He is a co-author of a federal courts casebook, Federal Courts: Cases and Materials on Judicial Federalism and the Lawyering Process (5th ed. 2022), as well as an open-access resource on federal courts and civil procedure, Rules and Laws for Civil Actions (2023). He has also published widely in the field of election law and has submitted amicus briefs to this Court in cases including Moore v. Harper, No. 21-1271 (argued Dec. 7, 2022), and Chiafolo v. Washington, 140 S. Ct. 2136 (2020).
Table of Authorities includes:
Stella Burch Elias, Derek T. Muller, Jason Rantanen, Caroline Sheerin & Maya Steinitz, Rules and Laws for Civil Actions (2023).
Arthur D. Hellman, David R. Stras, Ryan W. Scott, F. Andrew Hessick & Derek T. Muller, Federal Courts: Cases and Materials on Judicial Federalism and the Lawyering Process (5th ed. 2022).