Powerex Corp. v. Reliant Energy Servs.

In Powerex Corp. v. Reliant Energy Servs., 127 S. Ct. 2411 (2007), a 7-2 U.S. Supreme Court held that the Ninth Circuit lacked jurisdiction to hear an appeal of an order to remand by the trial court. Justice Antonin Scalia, writing for the Court, held that:

Section 1447(d) (of Title 28 of the U.S.C) reflects Congress's longstanding "policy of not permitting interruption of the litigation of the merits of a removed case by prolonged litigation of questions of jurisdiction of the district court to which the cause is removed." [United States v. Rice, 327 U.S. 742, 751 (1946).] Appellate courts must take that jurisdictional prescription seriously, however pressing the merits of the appeal might seem. We hold that § 1447(d) bars appellate consideration of petitioner's claim that it is a foreign state for purposes of the FSIA. We therefore vacate in part the judgment of the Ninth Circuit and remand the case with instructions to dismiss petitioner's appeal for want of jurisdiction.

Justice Anthony Kennedy concurred, which Justice Sam Alito joined. Justice Stephen Breyer dissented, which Justice John Paul Stevens joined.