Document Type
Brief
Case Name
David O'Connell v. United States Conference of Catholic Bishops
Publication Date
9-13-2024
Abstract
No. 23-7173
David O'Connell v. United States Conference of Catholic Bishops
On Appeal from the United States District Court for the District of Columbia
1:20-cv-01365-JMC ∙ Honorable Jia M. Cobb
From the Introduction and Summary of Argument
The threshold question in this appeal is whether the Court has jurisdiction to hear it. The answer turns on the proper construction of 28 U.S.C. § 1291, which grants this Court jurisdiction over “appeals from all final decisions of the district courts.” In keeping with the provision’s text and history, both the Supreme Court and this Court have long understood Section 1291 to confer appellate jurisdiction over more than just case-ending final judgments. See, e.g., Mohawk Indus., Inc. v. Carpenter, 558 U.S. 100, 106 (2009); Oglala Sioux Tribe v. U.S. Nuclear Regul. Comm’n, 896 F.3d 520, 527-28 (D.C. Cir. 2018). But determining precisely which pre-judgment orders can be immediately appealed under Section 1291—often termed “collateral orders”—has at times proven difficult for appellate courts.
Recommended Citation
Mummolo, Daniel F.; Michel, Christopher G.; Frank, Rachel G.; and Muller, Derek T., "Brief Amicus Curiae of Federal Courts Professor Derek T. Muller in Support of Defendant-Appellant" (2024). Court Briefs. 89.
https://scholarship.law.nd.edu/sct_briefs/89
Included in
Civil Procedure Commons, Constitutional Law Commons, Courts Commons, Jurisdiction Commons
Comments
Derek T. Muller is a Professor of Law at Notre Dame Law School. He has taught 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 (2025). He has submitted amicus briefs to the Supreme Court and federal courts of appeals on a range of subjects within his expertise. Of particular relevance here, he submitted amicus briefs in Synod of Bishops v. Belya, 143 S. Ct. 2609 (2023), and Garrick v. Moody Bible Institute, 95 F.4th 1104 (7th Cir. 2024), on whether the collateral-order doctrine permits an immediate appeal of a district court order denying the assertion of a religious-autonomy defense. Because this appeal involves that same important question, Professor Muller has an interest in this case’s proper resolution. He submits this brief under Federal Rule of Appellate Procedure 29(a)(2). All parties have consented to the filing of this brief.