On May 17, 2021, the Supreme Court corrected a widespread misconception about the scope of appellate review of a remand order. The 7-1 ruling was a victory for WLF, which filed an amicus brief urging the Court to overturn a Fourth Circuit decision that refused to consider all of B.P.’s arguments for why removal to federal court was appropriate. As WLF’s brief showed, the Fourth Circuit’s ruling did not comport with the 230-year history of removal jurisdiction. Moving forward, courts of appeals must consider all removal grounds when a case is removed under the federal-officer or civil-rights removal statute.

Documents:

 Supreme Court decision

 WLF brief