Monday, February 25, 2019

Life, not eternity

Law.com reports US Supreme Court: Dead Appeals Judges Can't Vote
The U.S. Supreme Court on Monday said a lower federal appeals court was wrong to count a deceased judge in its majority decision in a major case involving whether employers can use salary history as a reason to pay a woman less than a man for the same work.
The justices said in an unsigned opinion in Yovino v. Rizo, that Judge Stephen Reinhardt was no longer a judge when the U.S. Court of Appeals for the Ninth Circuit filed its en banc opinion. The court vacated a ruling that forbade employers from using prior salary history in justifying wage differences between male and female employees. The justices did not examine the merits of the dispute.
“That practice effectively allowed a deceased judge to exercise the judicial power of the United States after his death,” the Supreme Court said in its decision Monday. “But federal judges are appointed for life, not for eternity.”
Also of note today from Law.com:  In 'Won Over,' Judge Chronicles His Evolution on Questions of Race After Growing Up in Jim Crow Mississippi and Data Snapshot: Where Do State Judges Get Paid the Most? It's Complicated.

Over in the DJ, see:
  • Appellate Specialist Eric Schiffer's Riding the Wave of a Successful Appeal in California State Courts.
  • Ben Feuer's Selling Secrets: The Disturbing Tale of Supreme Court Clerk Ashton Embry



CLA Litigation Section,
Committee on Appellate Courts Webinar:
Appellate Attorneys: Nature or Nurture?

Friday, March 22, 2019
12 noon - 1 p.m.

This program offers 1 hour participatory
MCLE credit; includes legal specialization
in Appellate Law.

There are many pathways to a career in
appellate law. Three experienced appellate
practitioners discuss the roads they and
others have taken to practicing in the
appellate and supreme courts.
Moderator: Herb Fox.
Speakers: Matthew Scherb and Sarvenaz Bahar.