Congress has passed the “Comprehensive Aid to Education Act.” One of its provisions allocated money for religious schools to teach the history of the United States. The validity of that portion of the act was challenged in the District Court of the District of Columbia. The District Court upheld the constitutionality of the statute and the Circuit Court of Appeals for the D.C. Circuit affirmed. A second challenge was brought in the Federal District Court for the Southern District of New York. The court determined that the provision in question violated the Establishment Clause of the First Amendment.
What is the most appropriate method of review of the decision of the District Court of the Southern District of New York?
A. Seek review by way of certiorari directly to the United States Supreme Court because of a conflict between the circuit courts.
B. Seek review by way of certiorari directly to the United States Supreme Court because an act of Congress has been declared unconstitutional.
C. Seek review by way of appeal to the United States Supreme Court because a district court has declared an act of Congress unconstitutional.
D. Seek review by way of appeal to the Second Circuit Court of Appeals.
{ 8 comments… read them below or add one }
Answer D is correct. Direct appeal to the Supreme Court from a district court judgment is only available from rare three-judge panel decisions. 28 U.S.C. 2284. Three-judge panels are limited to those situations where there is a challenge to the constitutionality of the apportionment of congressional districts, the apportionment of any statewide legislative body, or when required by an act of Congress. Otherwise, review in the Supreme Court can only be had by certiorari from circuit court decisions. In this case, the judgment in question is from a federal district court. The only appeal at this stage is to the circuit court for that district.
Answer A is incorrect. A conflict between circuits is a reason for the United States Supreme Court to review by writ of certiorari, but only when the conflict occurs at the circuit court level of the federal court system. Here, there is only a conflict between a district court in one circuit and the circuit court in another, which is not sufficient to seek Supreme Court review.
Answers B & C are incorrect. In 1988, Congress eliminated the right of direct appeal to the United States Supreme Court when a lower federal court held an act of Congress unconstitutional. The power to review by direct appeal is limited to an appeal from the judgment of a three-judge federal district court created under 28 U.S.C. 2284. A review of any other federal court decision can only be had by certiorari, if at all.
answer D, Final Judgment Rule: SC hears case only after final judgment of higher state court, court of appeals or 3-judge federal district court
D. They must seek review by appealing to the Second Circuit Court of Appeals because they have to make their appeals to the necessary state appellate courts before going to SCOTUS.
Moreover, just because one court of appeals finds a law constitutional and another doesn’t makes the decision binding only on their respective lower courts or jurisdictions. Once SCOTUS decides the issue, then it becomes binding in all jurisdictions.
I am stuck between B and D, but I’m going with D.
D, but only because A is wrong – there’s no conflict between the circuit courts just yet.
Answer – D, Answer – D, has to exhaust all state appelative courts, until reaches US SC!
D.
I’m guessing – B.