Years from now, when appellate attorneys reminisce about the “good old days” of 2006, two memories in particular are likely to stand out. First, 2006 was the year in which a new Federal Rule of Appellate Procedure took effect to allow citation of unpublished and nonprecedential federal court rulings. And second, 2006 was the year that 3rd Circuit Judge Samuel A. Alito Jr. became an associate justice of the Supreme Court of the United States.
Although these two important appellate-related events both occurred in 2006, their entire significance remains to be seen. FRAP 32.1, allowing citation to unpublished and non-precedential federal rulings, officially took effect in December 2006 but, by its own terms, only applies to rulings issued on or after Jan. 1, 2007. And Alito remains largely an enigma, because he has participated in relatively few decided cases, he does not seek to dominate at oral argument, and his views on many important areas of the law have yet to be revealed.
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