As has been observed by Rory Little at SCOTUSblog, the party presentation principle is on the rise at the Supreme Court. The principle stands for the simple idea that the parties control their case – ...

Few principles more clearly define who controls a lawsuit than the party presentation principle: courts decide cases on arguments presented by the parties, not arguments the court wishes the parties ...

On May 7, 2020, the U.S. Supreme Court unanimously vacated an opinion of the Ninth Circuit Court of Appeals based on the so-called principle of party presentation. That is, the Supreme Court concluded ...