“This Court has made clear ‘in both civil and criminal cases, in the first instance and on appeal,’ it relies on the ‘parties to frame the issues for decision and assign to courts the role of neutral arbiter of matters the parties present.’ Greenlaw v. United States, 554 U.S. 237, 243 (2008).”
“It also has explained ‘litigation is a winnowing process, and the procedures for preserving or waiving issues [on appeal] are part of the machinery by which courts narrow what remains to be decided.’ Exxon Shipping Co. v. Baker, 554 U.S. 471, 487 n.6 (2008).”
“The question presented is:”
“Whether a court of appeals may sua sponte revive an argument the government has impliedly waived on appeal and rely on the waived argument in ruling in the government’s favor.”
