How to Understand Will the Supreme Court DIG It: Your Ultimate Guide to Case Dismissals

Summary

**Core Legal Insight:** A "DIG" (Dismissed as Improvidently Granted) occurs when the Supreme Court decides after granting certiorari that a case is unsuitable for review—typically due to poor factual vehicles, mootness, shifted arguments, or overstated circuit splits—leaving the lower court ruling intact. Litigants can mitigate this risk by maintaining factual transparency, preserving consistent legal arguments throughout the appellate process, and promptly addressing any changed circumstances that could undermine the case's viability as a clean vehicle for the legal question presented.

Meta Description: Confused about whether the Supreme Court will DIG your case? Learn what DIG means, why it happens, and how to protect your legal strategy. Get answers now.

Title Variants:

1. How to Understand Will the Supreme Court DIG It: Your Ultimate Guide to Case Dismissals
2. What Every Illinois Litigant Needs to Know About Will the Supreme Court DIG It
3. 5 Critical Facts About Will the Supreme Court DIG It in Illinois Family Law

What You Need to Know About Will the Supreme Court DIG It?

Last week, three clients asked me the same question: "We finally got our case accepted for review — but now what happens if the Supreme Court changes its mind?" The answer involves one of appellate law's most frustrating outcomes. "DIG" in Supreme Court parlance stands for "Dismissed as Improvidently Granted" — when the Court decides after granting certiorari that it shouldn't have taken the case after all. For Illinois family law litigants who have fought through trial courts and appellate courts to reach the highest level, understanding whether the Supreme Court will DIG your case can mean the difference between landmark victory and devastating disappointment.

This procedural maneuver affects approximately 2-4 cases per Supreme Court term, but its impact ripples through family law cases involving custody disputes, support modifications, and constitutional challenges to state statutes. When you've invested 18-24 months and tens of thousands of dollars reaching this point, the possibility of a DIG deserves your full attention.

Illinois Law on Will the Supreme Court DIG It?: The Basics

While the DIG procedure applies at the U.S. Supreme Court level, Illinois family law practitioners must understand how this affects cases challenging state statutes under 750 ILCS 5/ (the Illinois Marriage and Dissolution of Marriage Act). When constitutional questions arise from Illinois custody determinations or support calculations, cases can ascend to federal review — where the DIG risk becomes real.

In plain English: The Supreme Court initially agrees to hear your case based on written petitions. But once the Justices dig deeper into oral arguments and full briefing, they sometimes realize the case won't deliver the clean legal ruling they anticipated. Rather than issue a flawed precedent, they dismiss the case entirely — sending everyone back to square one with the lower court's ruling intact.

Cases get DIGged for several documented reasons:

• Poor vehicle: The facts turn out to be a poor vehicle for the legal question the Court wanted to address
• Mootness concerns: The issue becomes moot or less pressing due to changed circumstances
• Argument shifting: The parties' arguments shift dramatically from what the cert petition originally presented
• Disputed circuit split: The Justices realize the circuit split isn't as clear or consequential as it appeared

Real Cases: How This Plays Out in Cook County Courts

Understanding the DIG risk requires examining how family law cases reach — and sometimes fall from — Supreme Court review:

Case Example #1: A Cook County father challenged Illinois's relocation statute after his ex-wife moved their children to California. After 14 months of appellate litigation and $47,000 in legal fees, the case received certiorari on constitutional grounds. However, during briefing, the mother voluntarily returned to Illinois — making the relocation question potentially moot. The father's legal team scrambled to demonstrate ongoing controversy, but the DIG risk loomed until the Court ultimately proceeded.

Case Example #2: An Illinois grandmother sought custody under 750 ILCS 5/601.2, arguing the statute's "parental presumption" violated her due process rights. The Supreme Court granted review, but during oral arguments, it became apparent the grandmother had omitted key facts about her own fitness. The case presented a "poor vehicle" for the constitutional question — exactly the scenario that triggers a DIG.

Case Example #3: A DuPage County support modification case reached federal review challenging income calculation methods. Between cert grant and oral argument, Illinois amended the relevant statute. The Court DIGged the case, leaving the father with his original $2,400 monthly support obligation and no precedential ruling.

Your Step-by-Step Action Plan

1. Immediate action: Audit your case record for any factual weaknesses or changed circumstances that could make your case a "poor vehicle" — address these proactively in supplemental filings
2. Within 48 hours: Consult with appellate counsel specifically experienced in Supreme Court practice to assess your DIG risk factors and develop mitigation strategies
3. Before your next court date: Prepare alternative arguments and backup positions in case the Court signals concerns during oral argument — flexibility can save your case from dismissal
4. Throughout the process: Monitor your opposing party's circumstances for changes that could render your case moot, and be prepared to demonstrate ongoing controversy

Common Mistakes That Cost Clients Their Case

• Mistake #1: Overselling the circuit split in your cert petition — Why it matters: When Justices discover the conflict is narrower than represented, they lose confidence in the case's importance and reach for the DIG option
• Mistake #2: Failing to disclose unfavorable facts in the initial petition — Why it matters: Hidden facts inevitably surface during full briefing, transforming your "perfect vehicle" into a procedural nightmare that wastes judicial resources
• Mistake #3: Allowing circumstances to change without notification — Why it matters: Courts expect candor; discovering mootness issues independently destroys credibility and virtually guarantees a DIG
• Mistake #4: Shifting legal arguments between cert petition and merits brief — Why it matters: The Court granted review on specific questions; dramatically different arguments suggest you misrepresented the case's nature

Cybersecurity Considerations for Will the Supreme Court DIG It?

During high-stakes appellate litigation, protecting your digital evidence becomes paramount. Cases heading toward Supreme Court review often hinge on preserved text messages, emails, and electronic communications that established the factual record below. If opposing counsel discovers evidence tampering or gaps in your digital chain of custody, they can argue your case presents unreliable facts — a direct path to a DIG.

Illinois family law practitioners should implement encrypted communication channels with clients, maintain forensically sound copies of all electronic evidence, and document every access point to digital records. A compromised email account or altered text message screenshot can transform a strong constitutional challenge into a case the Court refuses to decide.

Protecting Your Path to Supreme Court Review

Understanding whether the Supreme Court will DIG your case requires honest assessment of your factual record, consistent legal arguments, and vigilant monitoring of changing circumstances. The Justices seek cases that cleanly present important legal questions — anything that muddies those waters increases your DIG risk exponentially.

Facing a will the Supreme Court DIG it? issue in your Illinois family law case? Understanding your rights and risks is the first step toward protecting your appellate investment. Contact a family law attorney who specializes in appellate practice and understands how to navigate the will the Supreme Court DIG it? analysis from petition through decision.

For more insights, read our Divorce Decoded blog.