Thursday, August 6, 2020

Appellate tidbits

Yesterday's NLJ Supreme Court Brief had Marcia Coyle's:
Reversing the Fifth Circuit
The Ninth Circuit often generates the most cases reviewed by the Supreme Court each term—and it has long had the highest reversal rate. That was true in the last term as well. But right on its heels was its conservative counterpart the Fifth Circuit.
The justices reviewed 10 Ninth Circuit cases last term, or 14 percent of the total reviewed, according to the "circuit scorecard" data posted at SCOTUSblog. In nine cases, the justices reversed that appeals court. The Fifth Circuit produced seven cases—the third largest number among the circuit courts (the Second Circuit had eight) but it had the second highest reversal rate—86 percent (the Second Circuit's was 75 percent).
And in linked in the NLJ's Supreme Court Brief: 
The Supreme Court Is Leaking. That’s a Good Thing. "There is no reason to be distraught about Supreme Court leaks. If anything, we should welcome the chance for the public to better understand how those who govern us—including judges—make their decisions," law professor Daniel Epps writes. [The Washington Post]
The Supreme Court is Leaking. Not a Good Thing. "These leaks have no doubt destroyed trust and camaraderie on the Court. Relationships will become distant, and the workplace will become even more toxic. There is only one person who can restore order to the Court: Chief Justice Roberts," law professor Josh Blackman writes. [Newsweek]

At The Lectern reports that former Justice Moreno has been appointed to the LA Police reform committee.

Yesterday's DJ profiled LASC Judge Timothy Weiner, who was a Deputy Attorney General from 2001 to 2016 "assigned to the appeals, writs and trials section": "After practicing in the court of appeal for most of his career, Weiner said he became accustomed to a certain level of professionalism and formality. "People don't make jokes in the Court of Appeal. It's still very coat and tie, with a lot of tradition," Weiner said. "I can certainly see how in high-volume courtrooms [family court] that could easily slip away. "