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United States Parole Commission v. Geraghty

Supreme Court of the United States · Constitutional Law

Constitutional Lawcertiorari grantedoral argumentputative classsubstitutioninterventiondeferred motiontandem hearing

Facts

The opinion text provided does not describe the underlying facts of the dispute. It states only that the case was before the Supreme Court from the Third Circuit. It also states that the case was set for oral argument together with Deposit Guaranty National Bank v. Roper. A motion was made to substitute members of a putative class as respondents or, in the alternative, to allow intervention.

Issue

Whether the Supreme Court should immediately decide a motion to substitute members of a putative class as respondents or alternatively to intervene, or instead defer that motion until the hearing on the merits.

Rule

When granting certiorari and setting a case for oral argument, the Court may defer a motion to substitute putative class members as respondents or to permit intervention until the hearing on the merits.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

A petition from the Ninth Circuit is granted in a dispute involving a proposed consumer class from Phoenix. After certiorari is granted, several unnamed class members move to be substituted as respondents, or alternatively to intervene, before the scheduled argument date.

Based solely on the governing procedural rule, what is the Supreme Court most clearly permitted to do with that motion at this stage?

Explanation. The governing rule from the majority text is narrow: when the Court grants certiorari and sets a case for argument, it may defer a motion to substitute putative class members as respondents or to permit intervention until the hearing on the merits. The text does not require immediate decision, denial, or dismissal. (Derived from United States Parole Commission v. Geraghty (n.d.).)