Joseph v. United States

The petition for a writ of certiorari is denied. Justice KENNEDYand Justice SOTOMAYORwould grant the petition for a writ of certiorari.

Statement of Justice KAGAN, with whom Justice GINSBURG and Justice BREYER join, respecting the denial of certiorari.

The courts of appeals have wide discretion to adopt and apply "procedural rules governing the management of litigation." Thomas v. Arn, 474 U.S. 140 , 146, 106 S.Ct. 466 , 88 L.Ed.2d 435 (1985). But that discretion is not unlimited. Procedural rules of course must yield to constitutional and statutory requirements. Id., at 148, 106 S.Ct. 466 .…