I would like to read civil litigants constitutional challenges. Where would such filings be filed?

I have read several appeal court and supreme court opinions on constitutional challenges on google scholar BUT where are the actual litigants filings filed?

I have done a PACER search for the cases found on google and the docket for those cases do not show anything that can be construed as a constitutional challenge in that case docket. I have looked at 3 appeal court dockets which had an opinion on a party's constitutional challenge BUT there is no entry of anything that resembles a constitutional challenge filed in that appeal docket either.


SCOTUS blog has full briefings of cases pending in the U.S. Supreme Court such as this one.

PACER has everything filed in every federal case, so I'm not sure why you are having difficulty using that resource.

I suspect that you aren't recognizing what kind of filing a "constitutional challenge" is. This could be located in the body text of a motion (with all sorts of possible titles), a memorandum, a brief, a notice of appeal, a petition (of various types), or a complaint, for example. There is no document entitled "constitutional challenge".

You may want to read a general treatment of the law of civil procedure so that you understand what to look for in a court docket.

  • O'Connor's Federal Civil Forms "Caption - Form 1B:1" "NOTICE OF CONSTITUTIONAL QUESTION" Not that this is the ultimate authority on papers filed in federal court. But it does incline one to believe that there would be papers filed with the word "constitution" or "challenge" in them. – j. howdee Jul 2 '18 at 14:26
  • On a similar but different topic. I see where litigants are filing "Notice of Appeal" to appeal an Order without motioning for the 28USC1292(b) certification. And there is no following filings stating an error in the "Notice of Appeal". This seems to be more than mere confusion and leans toward making the rules up along the way. – j. howdee Jul 2 '18 at 14:33
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    Notice of Constitutional Question would normally be filed in a trial court in connection with a complaint making a frontal assault on a constitutional provision, but constitutional challenges don't always present that way. 28 USC § 1292(b) only applies to discretionary interlocutory appeals rather than to appeals of final orders. Some interlocutory appeals are of right and don't have to be certified (e.g. qualified immunity denials). – ohwilleke Jul 2 '18 at 17:52

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