The Court's order of re-argument
on the facial question, moreover, allowed the government to change its answer, which limited any downside.
If that happens, the Court can let the lower-court ruling stand, or it can schedule the case for re-argument
in the next term, in the hope that an appointment will be made by then.
at a later date, when a new justice is more likely confirmed, is also an option.
Argument was heard in the 1952 Term, and re-argument
was heard this Term on certain questions propounded by the Court.
B discusses Citizens United and the Court's decision to order re-argument
of the case as well as its subsequent decision to overrule precedent.
However, to answer the critical question of the original meaning of the Fourteenth Amendment--the key question the Court had put to them in its request for re-argument
--they built most directly upon the scholarship of Jacobus tenBroek and Howard Jay Graham.
After losing on the administrative judge level, and then winning an appeal, the taxpayer lost in a final re-argument
delivered by the New York State Tax Department.
In an extraordinary procedural move, the Supreme Court retained jurisdiction, ordered the Tax Tribunal to issue a new decision by August 3, 2004, ordered Catalina and the Department of Treasury to each submit a brief with the Michigan Supreme Court 35 days after the new decision by the Tribunal, and granted Catalina and Treasury the opportunity to request re-argument
He said he was considering appealing to federal court or asking for re-argument
before the state Supreme Court.
By mid-January 1972, Blackmun had looked at the cases and finds the issue so unclear that he urges the chief justice to ask for re-argument
in Beth Roe and Doe [letter from Harry Blackmun to Warren Burger, dated January 18, 1972].
Depending on how the jury responds, the judge can do a number of things: give new or clarifying instructions, re-open the trial to take additional evidence, or direct re-argument
on specific points.
On petition for re-argument
, the entire court voted to hear the case again, which meant that seven judges would decide the case, supplanting the decision of the three-judge panel.