Question. What happens if the Federal Circuit decides that it is unwilling to ever listen to the Supreme Court?
Does the Supreme Court have anything that it can do beyond being kept busy rehearing everything that the Federal Circuit bungled?
Does the Supreme Court have anything that it can do beyond being kept busy rehearing everything that the Federal Circuit bungled?
2) SCOTUS cannot do anything except to rehear FC cases...but it can change internal procedures and court rules so that, for example, all patent cases are automatically granted review by SCOTUS upon application by either party, etc. (SCOTUS cannot do away with the requirement that parties request review, as that is a procedural requirement set forth by law.)
Consequently, it is rarely done. Moreover, in most instances where it is done, the reversal is on procedural rather than substantive grounds.