Monday, May 1, 2023

Appellate round up

Law360 has Alito Has 'Pretty Good Idea' Who Leaked Dobbs Opinion

U.S. Supreme Court Justice Samuel Alito said he has a "pretty good idea" of who leaked his controversial Dobbs opinion last year that overturned federal abortion rights, even though he said he doesn't have enough evidence to name the leaker publicly.  

Bloomberg Law has Alito Says Draft Abortion Decision Leaked to Stop Ruling

On the appellate sanctions front, Prof. Martin points out a rare 9th Circuit opinion here.

the panel held that despite being warned in the prior decision that its prior litigation maneuvers had gone too far, Optional filed this utterly meritless appeal and filed a frivolous motion contesting DAS’s right even to be heard in this appeal. The panel filed a contemporaneous unpublished order directing Optional’s counsel to show cause why they should not be sanctioned under 28 U.S.C. §§ 1912, 1927 and/or Fed. R. App. P. 38.

Today's DJ has William Domnarski's Looking Askance at the law and the jurisprudence of anger, in which he writes:

The nature, custom, and practice of opinion writing at the Supreme Court (and all other appellate courts as well) tells us how much trouble we’re in. In Dobbs, the other like-minded justices in the majority signed on to not just the opinion’s holding but to its tone and attitude as well. Only Chief Justice Roberts would have no part of it and concurred only in the judgment.

The DJ also has PJ Gilbert's Frankenstein's Monster*, in which he concludes:

Familiarity with literature and the humanities as a human, as opposed to an unthinking machine searching for words, is our triumph over A.I. It may not come to an end like Frankenstein’s Monster, but we can and must keep it under control.

And the DJ has Myron Moskovitz's Judging Bad Guys Part VI: How Litigators might deal with it.

Bloomberg Law has: Why the Country Needs a More Political US Supreme Court