[20171129]LSB10035_最高法院重申国会在监管下级联邦法院管辖权方面的专属作用.pdf

CRS INSIGHT Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Supreme Court Reiterates Congresss Exclusive Role in Regulating Lower Federal Court Jurisdiction November 29, 2017 The Supreme Courts first signed opinion from the October 2017 term addressed the Federal Rules of Appellate Procedure (FRAP), a body of procedural rules created by the Supreme Court (under statutory authorization) that supplements statutory rules governing federal appellate litigation. In Hamer v. Neighborhood Housing Services of Chicago, the Court assessed whether FRAP 4(a)(5)(C), which governs the timeliness of an appeal, is jurisdictional in nature or, rather, a mandatory claim-processing rule. When a rule is jurisdictional, a partys failure to comply with it deprives the court of jurisdiction to hear the matter. Conversely, a claim-processing rule is designed to streamline litigation by requiring parties to do certain things at certain times (e.g., a rule laying out the procedures and timeline for filing a notice of appeal) but, if not followed, does not interfere with a courts jurisdiction. In Hamer, the Supreme Court unanimously reversed the Seventh Circuits holding that FRA