Thursday, May 7, 2020

The "Party Presentation" doctrine

The Recorder presents Ginsburg Rebukes 9th Circuit Panel for 'Radical Transformation' of Appeal
In an opinion Thursday, Justice Ruth Bader Ginsburg, speaking for a unanimous U.S. Supreme Court, had unusually harsh criticism of a federal appellate panel for a practice that some court experts say the justices often embrace themselves.
Violation of the “party presentation” principle—central to Thursday’s ruling—is not often the basis for deciding a high court case. The principle refers to the long-standing feature of the court system that the parties involved in litigation, and not judges, are responsible for raising the legal issues a court must resolve.
How to plan a surprise party | Fortune Herald
Surprise! your case isn't what you thought it was!
[5/8: The DJ's story is Ginsburg smacks 9th Circuit, backed by unanimous high court; Law360's story is Justices Scold 9th Circ. for Nixing Immigration Conviction]