Will 2012 provide a repeat of 2008? Specifically, will the Supreme Court’s October 2012 term find the Supreme Court repeatedly reversing the U.S. Court of Appeals for the Ninth Circuit in environmental cases as it did in the October 2008 term? In 2008, the Supreme Court heard an unusually high number of environmental cases, six: […]
Archive | Ninth Circuit Smackdown (Again)
Re-Post: Bench Memos and the Ninth Circuit
Newt Gingrich has some recommendations for reforming the Ninth Circuit: “Congress can say, ‘All right, in the future, the Ninth Circuit can meet, but it will have no clerks,’ ” Mr. Gingrich told the Values Voter Summit. “ ‘By the way, we aren’t going to pay the electric bill for two years. And since you […]
Ninth Circuit Smackdown Watch
Lawrence Hurley of the Daily Journal reports that fully one-third of the cases on the Court’s docket thus far this term — 18 of 54 — are from the U.S. Court of Appeals for the Ninth Circuit. (Hat tip: How Appealing) Given that the Supreme Court is a bit more likely to reverse than to affirm, […]
Relist Watch #2: Harrington v. Richter, the Ninth Circuit, and Ineffective Assistance
It’s still too early to have much of an idea what the Supreme Court might be doing in Harrington v. Richter, 09-587—but that won’t stop me from blathering about it anyway. The Court has relisted only twice, at the January 15 and 22 conferences, and it has not yet called for the record. But Richter […]
McDaniel v. Brown
It’s dog-bites-man at the Supreme Court today. The Court once again has summarily reversed the Ninth Circuit in a habeas case. Today’s decision is here: McDaniel v. Brown. The Ninth Circuit’s divided decision (authored by Judge Wardlaw and joined by Judge Hawkins, with Judge O’Scannlain dissenting) is here. Our blogging software asks us to put […]