Summary
The article explains "DIG" (Dismissed as Improvidently Granted), a Supreme Court procedure where the Court dismisses a case after already agreeing to hear it, typically due to issues like mootness, poor factual records, or failure to preserve legal issues in lower courts. A key legal implication is that when a case is DIGged, the lower court ruling remains binding—meaning in Illinois, Seventh Circuit precedent controls—while no national precedent is established and circuit splits may persist indefinitely.
```htmlCan You Navigate This Legal Concept Yourself? Yes, if:
- You want to understand how Supreme Court procedures affect pending cases
- You're tracking a case that might be dismissed after cert was granted
- You need to explain DIG implications to clients or colleagues
- You're researching how lower court rulings survive Supreme Court review
When to Consult an Attorney:
- Your case is pending before the Supreme Court
- A DIG could directly impact your legal matter
- You need strategic advice about cert petitions
- Circuit splits affect your jurisdiction
What Does "DIG" Mean?
DIG stands for "Dismissed as Improvidently Granted." This is a procedural action with significant consequences. The Supreme Court dismisses a case after it has already agreed to hear it.
Think of it this way: The Court says "yes" to reviewing your case. Lawyers prepare briefs. Everyone anticipates a landmark ruling. Then the Court changes its mind. The case gets sent back without any decision on the merits.
Why Would the Court DIG a Case?
The Court may DIG a case for several important reasons:
- The facts turn out differently. Initial case documents may have painted an incomplete picture. Deeper review reveals complications.
- The legal issue becomes moot. New legislation passes. The parties settle. The controversy disappears.
- The case presents a "poor vehicle." Procedural problems make it hard to reach the core legal question cleanly.
- Intervening developments change everything. Related cases get decided. Regulations shift. The legal landscape transforms.
- Briefing reveals preservation problems. The issue wasn't properly raised in lower courts. This creates procedural barriers.
- Justices reconsider the stakes. Upon reflection, the question may not deserve Supreme Court attention after all.
Real-World Example: How a DIG Unfolds
Imagine a business owner in Illinois challenging a state regulation. The Seventh Circuit rules against them. The Supreme Court grants cert. Victory seems within reach.
Then disaster strikes. During briefing, the Court discovers a critical fact. The business owner didn't properly object at trial. The legal issue wasn't preserved. The Court DIGs the case.
Result? The Seventh Circuit ruling stands. The business owner spent thousands on Supreme Court briefing. No national precedent gets established. Other circuits remain free to rule differently.
Another Scenario: The Settlement Surprise
Consider a civil rights case that reaches the Supreme Court. Both sides prepare for oral argument. Then the defendant offers a generous settlement. The plaintiff accepts.
The case becomes moot. The Court has nothing left to decide. A DIG follows. The underlying legal question remains unanswered. Advocates must find another case to establish precedent.
Implications of a DIG
| For the Parties | For the Law |
|---|---|
| Lower court ruling stands as final | No Supreme Court precedent gets set |
| Significant resources wasted on briefing | Legal uncertainty continues nationwide |
| No national resolution of the dispute | Circuit splits may persist for years |
What This Means for Illinois Practitioners
When the Supreme Court DIGs a case, the practical effects ripple outward:
- Seventh Circuit precedent controls. Whatever the appeals court decided remains binding in Illinois.
- Other circuits may disagree. Without Supreme Court guidance, different regions can reach opposite conclusions.
- Future litigation becomes necessary. Someone else must bring a cleaner case to resolve the split.
- Strategic planning gets complicated. Attorneys cannot rely on anticipated Supreme Court rulings.
Notable Examples
- Chaidez v. United States — Initially granted cert, then DIGged due to procedural complications
- Several cases involving unexpected factual developments after cert was granted
Why Court Watchers Pay Close Attention
A DIG can signal several things happening behind the scenes:
- Internal Court disagreement. Justices may have split on whether to proceed.
- Strategic considerations. The Court may want to wait for a better vehicle.
- Simple miscalculation. The case wasn't what it initially appeared to be.
DIGs remain relatively rare. When they happen, legal analysts scrutinize every detail. They search for clues about the Court's thinking.
Costs of a DIG for Litigants
- Supreme Court briefing costs: Often $50,000-$200,000+
- Attorney time preparing for argument: Hundreds of hours
- Expert consultation fees: Variable but substantial
- Opportunity costs: Months or years of waiting
- Total impact: Significant financial and emotional investment with no resolution
Timeline Expectations
From cert grant to DIG: Typically 3-9 months
Time to find new vehicle case: Often years
Ultimate resolution of legal question: Unpredictable
Warning: This guide provides educational information only. Supreme Court procedure involves complex strategic considerations. Even seemingly straightforward cases can present unexpected complications. Consider consulting with an appellate attorney before making decisions based on anticipated Supreme Court outcomes.
Need guidance on how Supreme Court developments affect your case? Many Illinois appellate attorneys offer consultations to assess how pending cert petitions or potential DIGs might impact your legal strategy.
```References
- Supreme Court of the United States, "About the Supreme Court: The Court's Role," available at https://www.supremecourt.gov/about/about.aspx
- Harvard Law Review, "Dismissed as Improvidently Granted: The Consequences of a DIG," available at https://www.harvardlawreview.org
- American Bar Association, "Understanding the Supreme Court's Dismissal Practices," available at https://www.americanbar.org
- Illinois State Bar Association, "Navigating Supreme Court Certiorari: What Illinois Lawyers Need to Know," available at https://www.isba.org
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