What does "disapproved" mean in CRC 8.1115(3)(2) ("After decision on review by the Supreme Court, ... a published opinion of a Court of Appeal in the matter, ... is citable and has binding or precedential effect, except to the extent it is inconsistent with the decision of the Supreme Court or is disapproved by that court.")? Well, per this published opinion from 1/5 today here, a reversal is an "unambiguous disapproval."
The fact that the court did not reach the merits of our analyses is inapposite. Having determined that the decision should be reversed because of new legislation, the court was not required to further signal its disapproval by adding a gratuitous, advisory discussion of the law that existed prior to the change.
See also on Law360 Supreme Court Term Limits Would Carry Hidden Risk
If we get that answer wrong, term limits could create a situation worse than the status quo: a permanent cadre of brand-name ex-justices leveraging their Supreme Court service in private practice, politics and business — precisely the kind of elite influence that term limit advocates say they want to curb.
And see Michael J. Broyde and Hayden Hall's Akron Law Review article: Do We Really Want Retired U.S. Supreme Curt Justices Practicing Law? (forthcoming, 2026). Available at SSRN:https://ssrn.com/abstract=5771063orhttp://dx.doi.org/10.2139/ssrn.5771063
Posts
