Comeback appeals -- we mean it!

In the Ninth Circuit, if a case is decided on appeal, gets remanded, and then gets appealed a second time in the future, the second appeal (a "comeback" appeal) is supposed to get assigned to the original panel (or at least the original panel is supposed to be notified, and it can then decide to take it or not). This is spelled out in General Order 3.6(d). Sometimes, however, comeback cases slip through without this process. In a published order on Monday, the court admits that the comeback procedures weren't followed in the case (which, now after oral argument, is being reassigned to the original panel). The order also states "our court is taking internal measures to ensure that General Order 3.6(d) is strictly followed in the future."

Professor Martin's take on all this is one word: Oops.

In other 9th Circuit news, see Judicial Conduct and Disability Complaint Number 26‑90153, where Chief Justice John G. Roberts, Jr. has transferred the complaint regarding Circuit Judge Ryan D. Nelson, to the Judicial Council of the Fourth Circuit.

Bloomberg Law has Barrett, Kagan to Appear at Hearings on Supreme Court Budget

Supreme Court justices last testified publicly on their budget in 2019. Their practices in the past have also included private meetings with lawmakers to discuss funding.

Today's California civility published opinion from 4/3 is here. "Stonewalling the other side in such a manner, irrespective of any underlying intent or lack thereof, falls far short of conducting oneself with dignity, courtesy, and integrity."