undoubtedly true that in certain cases, the [FNC] determination will not require significant inquiry into the facts and legal issues presented by a case, and an immediate appeal might result in substantial savings of time and expense for both the litigants and the courts." (92) Yet the Court made clear that it considers categories of cases, and not individual disputes, when determining appealability
under [section] 1291.
Even independent of the Court's assistance in Camreta, the appealability
issue was not a legitimate concern for the Ziglar Court.
Party finality is based on the rationale that "there is no sound basis for postponing the appealability
of such an essentially final determination until after the conclusion of often protracted proceedings with which the particular party is in no way concerned." (77) Parties who are removed from an action should be able, absent a prompt appeal, to rest easy, without worrying that claims against them may be revived by an appeal years down the line.
Despite finding that he had not done so, the district court granted him a certificate of appealability
on that very question.
In this matter, we are asked to determine the appealability
of two Supreme Court orders.
problems, in particular the appealability
of a nonfinal order.
In Barnet, the Second Circuit opined on the appealability
time in the context of the appealability
of orders remanding cases to
Both the appealability
of institution decisions and BRC standard were at issue in Cuozzo.
Stephens the Court held that a petitioner can later rely on a theory that was rejected by a lower court without having to file a cross-appeal or obtain a certificate of appealability
. (223) The decision was written by Justice Scalia and joined by Chief Justice Roberts and Justices Ginsburg, Breyer, Sotomayor, and Kagan.
First Amendment concerns could well trigger special Fourth Amendment safeguards--heightened standards of justification prior to searching, immediate (pre-search) appealability
of any proposed search (with the premises sealed to prevent interim destruction of evidence), specially trained nonpartisan marshals or magistrates or masters to carry out the search, and so on.
The petition was denied and the district court denied the certificate of appealability