The issue focused on whether an independent commission should be created to examine the allegations, which came to light when a woman filed a complaint in federal court alleging sexual assault. But the federal appeals court panel said it was premature to order a formal commission, and that the federal judge who heard the case had not yet weighed in on it.

"A panel of this court is not in a position to order anything," Justice Anthony R. Kennedy wrote for a three-fourths majority opinion.

A federal judge