Oral Argument: Parrish v. United States  | Case No. 24-275 | Date Argued: 4/21/25

Oral Argument: Parrish v. United States | Case No. 24-275 | Date Argued: 4/21/25

Case Info: Parrish v. United States | Case No. 24-275 | Date Argued: 4/21/25 | Date Decided: 6/12/25

Link to Docket: Here.

Background:

Ordinarily, litigants must file a notice of appeal within 30 or 60 days of an adverse judgment. 28 U.S.C. § 2107(a)-(b). Under 28 U.S.C. § 2107(c) and Fed. R. App. P. 4(a)(6), however, district courts can reopen an expired appeal period when a party did not receive timely notice of the judgment. The Courts of Appeals have divided about whether a notice of appeal filed after the expiration of the ordinary appeal period but before the appeal period is reopened becomes effective once reopening is granted.

Question Presented: Whether a litigant who files a notice of appeal after the ordinary appeal period expires must file a second, duplicative notice after the appeal period is reopened.

Holding: A litigant who files a notice of appeal after the original appeal deadline but before the court grants reopening need not file a second notice after reopening. The original notice relates forward to the date reopening is granted.

Result: Reversed and remanded.

Voting Breakdown: 8-1. Justice Sotomayor delivered the opinion of the Court, in which Chief Justice Roberts and Justices Alito, Kagan, Kavanaugh and Barrett joined. Justice Jackson filed an opinion concurring in the judgment, in which Justice Thomas joined. Justice Gorsuch filed a dissenting opinion.

Link to Opinion: Here.

Oral Advocates:

  • For petitioner: Amanda Rice, Detroit, Mich.
  • For respondent in support of petitioner: Aimee Brown, Assistant to the Solicitor General, Department of Justice, Washington, D.C.
  • For Court-appointed amicus curiae in support of judgment below: Michael R. Huston, Phoenix, Ariz.

Website Link to Opinion Summary: Here.

Apple Podcast Link to Opinion Summary: Here.

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