1 Comment

I don't know how often the courts even consider certification anymore, but one example I know of is Evans v. Stephens, 387 F.3d 1220, 1238 (11th Cir. 2004) (en banc) (Wilson, J., dissenting). That case addressed the constitutionality of Judge William Pryor's recess appointment, and Judge Wilson argued that it would be wiser to certify the question to the Supreme Court rather than require the circuit judges to sit in judgment of the legitimacy of one of their colleague's appointment. That dissent is also a paean to circuit-court collegiality that makes me sad about what's going on in the Federal Circuit.

Expand full comment