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A Textualist Defense Of A New Collateral Order Doctrine, Adam Reed Moore
A Textualist Defense Of A New Collateral Order Doctrine, Adam Reed Moore
Notre Dame Law Review Reflection
As a general rule, federal appellate courts have jurisdiction over “final decisions.” Though the rule seems simple enough, the Court’s current approach to interpreting “final decisions,” the collateral order doctrine, is anything but straightforward. That is because the Court has left the statutory text by the wayside. The collateral order doctrine is divorced from statutory text and is instead based on policy considerations.
Commentators (and, at times, the Court) have offered an alternative reading of “final decisions”: the final-judgment rule. This rule would allow appeals from final judgments only. But this alternative is not the product of close textual analysis. …