Binding Dicta Rule

 

The Recorder has Judges Question 9th Circuit’s Unique Binding Dicta Rule. The Criticism Isn't New. -- The rule allows panels to treat “well-reasoned” dicta as precedential.

• Charles Tyler, a George Washington University law professor and former Ninth Circuit clerk, delved into the history of the rule in a University of Chicago Law Review article from 2020. You can find the paper here.

Bloomberg Law has US Supreme Court Bucks Recent Trend, Announces Opinion Release -- The US Supreme Court will issue its first opinion of the term in an argued case on Nov. 22, earlier than in recent terms when the first opinion days were in December and even January.

Law.com has 5th Circuit Judge Jones Slams Proposal for Greater Amicus Brief Funding Disclosure

Federal appeals court Judge Edith Jones on Thursday slammed a proposed rule for greater amicus brief funding disclosure. The rule would require amicus filers to more broadly disclose financial ties to parties and non-parties. Its goal is to address concerns that parties or non-parties can secretly fund multiple amicus filings to manufacture the appearance of wide support for a certain position. But Jones, of the U.S. Court of Appeals for the Fifth Circuit, said the proposal threatens the First Amendment rights of friend-of-the-court filers and is an example of the judiciary “compromis[ing] and conced[ing]” to arguments that the Third Branch is illegitimate.