Whether federal courts of appeals exceed Article III judicial power by issuing non-precedential decisions and whether non-precedential orders without reasoning violate due process rights

QUESTIONS PRESENTED 1. Whether federal courts of appeals exceed the “judicial power” assigned under Article III of the Constitution when they issue non-precedential decisions to resolve contested appellate issues. 2. Whether the right to due process flowing from the statutory right to appeal is violated when non-frivolous appellate challenges to a lower court judgment are disposed of by way of a non-precedential order that does not provide analysis or reasoning to explain the outcome. i RELEATED PROCEEDINGS e United States v. Kissi, No. 22-3220, U.S. Court of Appeals for the Second Circuit. Summary Order and Judgment issued February 16, 2024; petition for rehearing denied April 22, 2024. e United States v. Kissi, No. 21 Cr. 64 (PAC), U.S. District Court for the Southern District of New York. Judgment entered December 14, 2022. ii