Plain-English summary
Court allows appeals of some removal rulings when federal-officer removal is invoked
The Supreme Court held that when a defendant removes a case to federal court in part by invoking the federal-officer removal statute (28 U.S.C. §1442), an appellate court may review all grounds for removal the district court rejected. The Fourth Circuit was reversed and the case remanded for further consideration.
Why this matters
This decision affects when federal appeals courts can review a district court’s order sending cases back to state court. It protects defendants’ ability to obtain appellate review of federal jurisdiction questions when they invoke federal-officer removal, reducing the chance that meritorious federal defenses are lost because of a remand order.
Who may feel it
- Private companies and individuals who remove cases to federal court invoking the federal-officer removal statute (28 U.S
- Municipalities and state-court plaintiffs facing removal to federal court
- Federal courts and courts of appeals handling removal and remand disputes
- States and public entities interested in the boundary between state and federal jurisdiction
Key questions
- Does 28 U.S.C. §1447(d)’s ban on appeals of remand orders prevent appellate review of other removal grounds when the defendant invoked the federal-officer removal statute (§1442)?