Confession of error is a legal practice whereby the Solicitor General of the United States in his or her role representing the federal government before the Supreme Court of the United States admits a lower court incorrectly decided a case and it is thereby sent back for reconsideration. By confessing error, the Solicitor General declares that the federal government's position, which prevailed in the lower court, was wrong. The Supreme Court typically then vacates the lower court's judgment and remands the case to allow the lower court to consider it in light of the confession of error. [1] [2]
The practice was introduced in 1891 by William Howard Taft (who would later be U.S. president and then chief justice). At his urging, the Supreme Court overturned a murder conviction which had been obtained by inadmissible hearsay evidence in Texas. [3]
A more modern example is that of Solicitor General Drew S. Days III, who argued in a petition for certiorari in Knox v. United States [4] that the circuit court's decision had been wrong, even though the circuit court had found in favor of the government. He urged the Supreme Court to vacate Knox's conviction for possession of child pornography; they remanded the case to circuit court. [5]
The solicitor general of the United States, the fourth-highest-ranking official within the United States Department of Justice, represents the federal government in cases before the U.S. Supreme Court. Elizabeth Prelogar has served in the role since October 28, 2021.
Drew Saunders Days III was an American legal scholar who served as Solicitor General of the United States from 1993 to 1996 under President Bill Clinton. He also served as the first African American Assistant Attorney General for the Civil Rights Division in the Carter Administration from 1977 to 1980. He was the Alfred M. Rankin Professor of Law at Yale Law School, assuming that post in 1992, and joining the Yale Law faculty in 1981. From 1997 to 2011, he headed the Supreme Court and appellate practice at Morrison & Foerster LLP and was of counsel at the firm's Washington, D.C. office until his retirement from the firm in December, 2011. He earned his Juris Doctor degree at Yale Law School in 1966. He was admitted to practice law before the United States Supreme Court, and in the states of Illinois and New York.
Rapanos v. United States, 547 U.S. 715 (2006), was a United States Supreme Court case challenging federal jurisdiction to regulate isolated wetlands under the Clean Water Act. It was the first major environmental case heard by the newly appointed Chief Justice, John Roberts, and Associate Justice Samuel Alito. The Supreme Court heard the case on February 21, 2006, and issued a decision on June 19, 2006.
The Law That Never Was: The Fraud of the 16th Amendment and Personal Income Tax is a 1985 book by William J. Benson and Martin J. "Red" Beckman which claims that the Sixteenth Amendment to the United States Constitution, commonly known as the income tax amendment, was never properly ratified. In 2007, and again in 2009, Benson's contentions were ruled to be fraudulent.
Timothy Michael Tymkovich is a United States circuit judge of the United States Court of Appeals for the Tenth Circuit.
Milan Dale Smith Jr. is an American attorney and jurist serving as a United States circuit judge of the United States Court of Appeals for the Ninth Circuit. Smith's brother, Gordon H. Smith, was a Republican U.S. Senator from 1997 to 2009. Milan Smith is neither a Republican nor a Democrat.
Hill v. McDonough, 547 U.S. 573 (2006), was a United States Supreme Court case challenging the use of lethal injection as a form of execution in the state of Florida. The Court ruled unanimously that a challenge to the method of execution as violating the Eighth Amendment to the United States Constitution properly raised a claim under 42 U.S.C. § 1983, which provides a cause of action for civil rights violations, rather than under the habeas corpus provisions. Accordingly, that the prisoner had previously sought habeas relief could not bar the present challenge.
The Supreme Court of the United States handed down sixteen per curiam opinions during its 2005 term, which lasted from October 3, 2005, until October 1, 2006.
David Brookman Smith, known professionally as D. Brooks Smith, is a senior United States circuit judge of the United States Court of Appeals for the Third Circuit. He was previously Chief Judge of both the United States Court of Appeals for the Third Circuit and the United States District Court for the Western District of Pennsylvania, and is the only judge in the history of the Third Circuit to have served as both a chief district judge and chief of the Court of Appeals. Since January 2022, Smith has served as Penn State Law's new jurist in residence.
Scott Milne Matheson Jr. is a United States circuit judge of the United States Court of Appeals for the Tenth Circuit. He has served on that court since 2010.
Jerry Edwin Smith is an American attorney and jurist serving as a United States circuit judge of the United States Court of Appeals for the Fifth Circuit.
Melvin Theodore Brunetti was a United States circuit judge of the United States Court of Appeals for the Ninth Circuit.
Ornelas v. United States, 517 U.S. 690 (1996), was a case decided by the Supreme Court of the United States that held that appellate courts should review probable cause determinations for warrantless searches de novo.
A high-capacity magazine is a political term for a standard capacity magazine capable of holding the usual number of rounds of ammunition that is historically standard for a particular firearm. For example, the AR-15 style rifle has traditionally been sold with 20 to 30 round magazines since the early 1960’s, with 30 round magazines being most prevalent since the 1980’s/1990’s. A true “high capacity” magazine would hold a larger number of rounds from which is standard, such as drum magazines that hold 100 rounds.
Bond v. United States, 572 U.S. 844 (2014), follows up on the Supreme Court's 2011 case of the same name in which it had reversed the Third Circuit and concluded that both individuals and states can bring a Tenth Amendment challenge to federal law. The case was remanded to the Third Circuit, for a decision on the merits, which again ruled against Bond. On appeal, the Supreme Court reversed and remanded again, ruling that the Chemical Weapons Convention Implementation Act of 1998 did not reach Bond's actions and she could not be charged under that federal law.
In some jurisdictions, a petition for review is a formal request for an appellate tribunal to review the decision of a lower court or administrative body. If a jurisdiction utilizes petitions for review, then parties seeking appellate review of their case may submit a formal petition for review to an appropriate court. In United States federal courts, the term "petition for review" is also used to describe petitions that seek review of federal agency actions.
Spokeo, Inc. v. Robins, 578 U.S. 330 (2016), was a United States Supreme Court case in which the Court vacated and remanded a ruling by United States Court of Appeals for the Ninth Circuit on the basis that the Ninth Circuit had not properly determined whether the plaintiff has suffered an "injury-in-fact" when analyzing whether he had standing to bring his case in federal court. The Court did not discuss whether "the Ninth Circuit’s ultimate conclusion — that Robins adequately alleged an injury in fact — was correct."
Julius Ness "Jay" Richardson is an American judge and lawyer who serves as a United States circuit judge of the United States Court of Appeals for the Fourth Circuit. He was formerly an Assistant United States Attorney for the District of South Carolina.