In an opinion Thursday, Justice Ruth Bader Ginsburg, speaking for a unanimous U.S. Supreme Court, had unusually harsh criticism of a federal appellate panel for a practice that some court experts say the justices often embrace themselves.

Violation of the “party presentation” principle—central to Thursday’s ruling—is not often the basis for deciding a high court case. The principle refers to the long-standing feature of the court system that the parties involved in litigation, and not judges, are responsible for raising the legal issues a court must resolve.

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