Izumi Seimitsu Kogyo Kabushiki Kaisha v. U. S. Philips Corp., 510 U.S. 27, 5 (1993) (per curiam)

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Cite as: 510 U. S. 27 (1993)

Per Curiam

Court." 3 Unless we can conclude that the question of the denial of petitioner's motion to intervene in the Court of Appeals was "fairly included" in the question relating to the vacatur of final judgments at the parties' request, Rule 14.1 would prevent us from reaching it.

It seems clear that a challenge to the Federal Circuit's denial of petitioner's motion to intervene is not "subsidiary" to the question on which we granted certiorari. On the contrary, it is akin to a question regarding a party's standing,4 which we have described as a "threshold inquiry" that " 'in no way depends on the merits' " of the case. Whitmore v. Arkansas, 495 U. S. 149, 155 (1990) (quoting Warth v. Seldin, 422 U. S. 490, 500 (1975)).

We also believe that the question is not "fairly included" in the question presented for our review.5 A question which is merely "complementary" or "related" to the question presented in the petition for certiorari is not " 'fairly included

3 The initial version of this Rule, promulgated in 1954, stated: "The statement of a question presented will be deemed to include every subsidiary question fairly comprised therein. Only the questions set forth in the petition or fairly comprised therein will be considered by the court." Rule 23.1(c), Rules of the Supreme Court of the United States, 346 U. S. 951, 972 (1954). The current version dates back to 1980, when we amended the Rules. The 1980 changes in syntax obviously did not alter the substance of the Rule.

4 The Court of Appeals actually dismissed Izumi's motion in terms of standing, concluding that Izumi did "not have standing to oppose the joint motion." U. S. Philips Corp. v. Windmere Corp., 971 F. 2d 728, 731 (CA Fed. 1992).

5 We note that the fact that the parties devoted a portion of their merits briefs to the intervention issue does not bring that question properly before us. Radzanower v. Touche Ross & Co., 426 U. S. 148, 151, n. 3 (1976). Nor does "[t]he fact that the issue was mentioned in argument . . . bring the question properly before us." Mazer v. Stein, 347 U. S. 201, 206, n. 5 (1954). Contrary to the dissent's suggestion, see post, at 35-36, the fact that Izumi discussed this issue in the text of its petition for certiorari does not bring it before us. Rule 14.1(a) requires that a subsidiary question be fairly included in the question presented for our review.


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