Every Supreme Court opinion begins with a caption. In most cases, the caption is mundane. But in some cases, the caption makes an important point. Sometimes, the court of appeals will style a case in one fashion while the petitioner styles the case in a different fashion. What is the rule? Does the Supreme Court defer to the lower court's styling of the case or to the Petitioner's styling of the case or to the Respondent's styling?
In July 2024, West Virginia filed a cert petition in a case styled, STATE OF WEST VIRGINIA, ET AL., Petitioners, V. B.P.J., BY NEXT FRIEND AND MOTHER, HEATHER JACKSON, Respondent. There was no female pronoun in the caption. It was "by next friend," not "by her next friend."
