Law.com reports that Supreme Court Votes to Allow Citation to Unpublished Opinions in Federal Courts
The Supreme Court on Wednesday adopted a historic rule change that will allow lawyers to cite so-called unpublished opinions in federal courts starting next year. The new rule takes effect unless Congress countermands it before Dec. 1. . .
Under the new rule, circuits will still be able to give varying precedential weight to unpublished opinions, but they can no longer keep lawyers from citing them — in the same way lawyers cite rulings from other circuits or other authorities, such as law review articles.