[rhizome]

It should be pointed out that unless the case went to the Supreme Court, a different circuit could yet come to a different conclusion

Sorry to pedant, but a case will typically not get to the Supreme Court at all unless two circuits come to different conclusions.

http://en.wikipedia.org/wiki/Circuit_split

[Natsu]

If we're really going to be pedantic, it won't get to the Supreme Court unless they grant a petition for a writ of certiorari or it's one of those rare, few types of cases where the US Constitution says the Supreme Court has original jurisdiction.

They do deny most such petitions, though, and resolving circuit splits is one reason they might grant cert.

[rhizome]

Circuit splits are by far the most common way of getting cert. They don't grant cert to every circuit split, but most of what they do, however...

[Natsu]

Indeed, and I should probably clarify one thing from what I wrote above: if the Supreme Court had original jurisdiction over a case, it would start with them, rather than being appealed to them. There aren't a lot of cases like that, though.

[AnthonyMouse]

>Sorry to pedant, but a case will typically not get to the Supreme Court at all unless two circuits come to different conclusions.

I don't see how that is inconsistent with what I posted.

[rhizome]

The difference is that your point was based on a single circuit ruling, where it's pretty much required that the "another circuit ruling differently" happen before it's even possible to get to the SC. That is, unless the "another circuit" is the third or more circuit to split on the law, it won't get to the SC at all (pretty much, see elsewhere here) before there's a second, different, verdict, obviating the "unless" in the sentence I quoted. Again, pedantry.

[AnthonyMouse]

>The difference is that your point was based on a single circuit ruling, where it's pretty much required that the "another circuit ruling differently" happen before it's even possible to get to the SC.

It isn't a requirement that there be a circuit split before the Supreme Court will take a case. You're certainly right that a circuit split makes it a lot more likely they'll take it, but that doesn't make it a prerequisite. They've been known to take important cases of first impression without it. If we're going to be pedants then we have to be pedantic, right?

[rhizome]

I never said it was a prerequisite, "pretty much required" is not "requires," and have gone out of my way to couch my point with wiggle room. Yes, it's not required, but these days it's pretty much all they work on. It's just an observation based on historical behavior, not an analysis of the various paths by which a case can make it there.