United States Court of Appeals for the Fifth Circuit · 2011 · Federal Courts
Federal CourtsremandSupreme Court reversalentry of judgmentequally divided en banc courtmandate compliance
Facts
The opinion provides almost no underlying factual discussion. It identifies John Thompson as plaintiff-appellee and various district attorney defendants and the Orleans Parish District Attorney's Office as defendants-appellants. The Fifth Circuit had earlier affirmed the district court by an equally divided en banc vote. The Supreme Court then reversed the Fifth Circuit's judgment and remanded the case.
Issue
After the Supreme Court reversed the Fifth Circuit's prior judgment, what disposition should the Fifth Circuit order on remand?
Rule
When the Supreme Court reverses the court of appeals' prior judgment and remands, the court of appeals must implement that decision by remanding for entry of judgment consistent with the Supreme Court's ruling.
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One of 10 multiple-choice questions for this case. Pick an answer to see why.
In a civil rights suit from Dallas, a federal district court entered judgment for Maya Ortiz against Red River County officials. The court of appeals later affirmed that judgment when the en banc court split evenly, but the Supreme Court then reversed the court of appeals' judgment and remanded the case.
What is the proper next step for the court of appeals on remand?
Explanation. When the Supreme Court reverses the court of appeals' prior judgment and remands, the court of appeals must implement that mandate rather than undertake fresh merits analysis. The proper disposition is to remand to the district court for entry of judgment consistent with the Supreme Court's ruling, even if the earlier appellate affirmance resulted from an equally divided en banc court. (Derived from Thompson v. Connick (n.d.).)