us-supreme-court case-law
What case was Justice Breyer referring to in the argument for Trevino v Thaler
<p><a href="http://www.supremecourt.gov/oral_arguments/argument_transcripts/11-10189.pdf" rel="nofollow">Trevino v. Thaler, Oral arguments</a></p>

<blockquote>
  <p><strong>MR. OLDHAM</strong>: Well, Your Honor, I think you
  could do one of two things. You could always certify
  the question with the Court of Criminal Appeals if you
  thought that the question -- that the answer turns on
  what the Texas procedures are and that the parties
  disagree with them.</p>
  
  <p><strong>JUSTICE BREYER</strong>: I tried that once in a case
  involving Pennsylvania, and the result was such that I
  resolved never to do it again.</p>
  
  <p>(Laughter.)</p>
  
  <p><strong>JUSTICE BREYER</strong>: But -- but don't say never.
  All right. So one thing we got --</p>
  
  <p><strong>JUSTICE ALITO</strong>: That was a case in which --
  that was the case in which the Court unwisely reversed a
  certain Third Circuit decision.</p>
</blockquote>

<p>What case were Justices Breyer and Alito referring to?</p>

<p>A <a href="http://joshblackman.com/blog/2014/04/04/that-time-justice-breyer-certified-a-question-to-the-pennsylvania-supreme-court-and-then-reversed-circuit-judge-alito/">blog post</a> tracked this to <em>Fiore v. White</em>, a 1999 case in which Breyer <a href="https://scholar.google.com/scholar_case?case=4157023366955709575&amp;q=fiore+v+white&amp;hl=en&amp;as_sdt=40000003">wrote an opinion</a> certifying a question to the Pennsylvania Supreme Court, after which SCOTUS <a href="https://scholar.google.com/scholar_case?case=12396895581251745262&amp;q=fiore+v+white&amp;hl=en&amp;as_sdt=40000003">reversed the Third Circuit</a> <em>per curiam</em>. The Third Circuit opinion in question was written by <a href="https://scholar.google.com/scholar_case?case=8126056775761412557&amp;q=fiore+v+white&amp;hl=en&amp;as_sdt=40000003">Circuit Judge Samuel Alito</a>. </p>
