Monday, February 6, 2017

Today's DJ appellate grab bag

  • Today's DJ's Moskovitz on Appeal column is State High Court's Job, For Now, Isn't to Fix Errors, about Rule 8.500 (which says the Cal Supremes are suppose to review cases to "secure uniformity of decision or to settled an important question of law."). Myron suggests "perhaps Rule 8.500 should be amended to add a new ground for Supreme Court review: 'When a Court of Appeal opinion is clearly erroneous and causes a substantially unjust result.'"
  • PJ Gilbert's Under Submission column is titled In the Nature of an Oxymoron, a pun (of course) about how he was born in the Year of the Ox, and how "congenial provocateur" Nat Hentoff (author of Free Speech for Me, But Not for Thee: How the American Left and Right Relentlessly Censor Each Other (1992)) recently passed away.
  • Should Democrats Filibuster Gorsuch? That's the title of Dean Chemerinsky's article, which notes that "The case for rejecting Gorsuch [an originalist] as ... being out of the judicial mainstream is compelling." Dean Chemerinsky "would like to see" a filibuster against the young ("only 49 years old") "staunch conservative" and against "all Trump nominees until he picks a moderate."
  • Employment lawyer Craig Horowitz offers Is Trump's Nomination of Neil Gorsuch Unconstitutional? His point is that the nominating anyone is unconstitutional because Judge Merrick Garland was nominated yet never received a Senate hearing. There is no precedent for the way events have transpired. Horowitz "implore[s] Garland to sue to enjoin the appointment by Trump."
Also, Law360's UCLA 'Women in Law' Summit Touts Rainmaking, Leadership, notes that the Chief was among the top-tier speakers at the daylong event. The article notes quotes the Chief as saying "people are still surprised to see a woman as chief; if they're not in the law, they're startled." The 9th Circuit was represented by Judges Wardlaw and Ikuta who spoke as well.

Law360's Sidebar series (10 minutes interviews) also offers Alex Kozinski on his TV Addiction and the Joy of Bungee Jumping.

The 9th Circuit has posted materials on The State of Washington v. Trump (a "case of interest") here.