The Montgomery County district attorney, who led the high-profile court case against Cosby for sexually assaulting Andrea Constand, said in a news release that the main question of the appeal is the 14th Amendment and the right to due process.

The Pennsylvania state Supreme Court justices said in their opinion that a former Montgomery County district attorney's decision to not prosecute Cosby in 2005 in return for his deposition in a civil case was ultimately used against him at trial.

Cosby spokesman Andrew Wyatt lambasted the appeal, saying that the district attorney's office is "unwilling to accept its epic loss."

"There is no merit to the DA's request which centers on the unique facts of the Cosby case and has no impact on important federal questions of law," Wyatt said.