The Supreme Court may be sending a message to one of the country's most liberal appeals courts, unanimously overturning five consecutive cases out of the 9th Circuit in less than a week.Read the rest here.
As the nation's biggest circuit, representing most of the western United States, it should come as no surprise that the 9th Circuit has more cases heard before the Supreme Court than any other jurisdiction -- in turn resulting in more reversals. But the latest string of rulings is unusual even for the 9th, which often is at odds with conservatives on the Supreme Court. The fact that the rulings were unanimous can be seen as a signal from on high that the circuit needs to get in line.
"That's an indication this court is way out of the mainstream," said Kent Scheidegger, legal director for the California-based Criminal Justice Legal Foundation. "They're getting impatient with them. They just keep coming back with this stuff."
The Supreme Court, in its rulings, signaled that the circuit must hew more closely to precedent and, in some cases, give more weight to state court rulings. Scheidegger said the high court used some "severe" language to get that message across.
In a Jan. 19 reversal, Supreme Court Justice Anthony Kennedy wrote that the 9th Circuit committed a "clear error" by overturning the murder conviction in the case of a Sacramento man. The Supreme Court accused the circuit of having "failed to accord the required deference" to the state court's decision -- in other words, the 9th Circuit horned in on the state's business when it shouldn't have.
HT: Brian (who reads FOX News)
No comments:
Post a Comment