William Fletcher

Chief Judge KOZINSKI, disagreeing with everyone….

– The introductory line to Chief Judge Alex Kozinski’s recent separate opinion in Garfias-Rodriguez v. Holder (9th Cir. Oct. 19, 2012). As noted by the WSJ Law Blog, the other opinions of the highly fragmented en banc court had more traditional designations, like “concurrence” and “dissent.” Howard Bashman was amused.

(Additional news out of the Ninth Circuit, of a serious and sad nature, after the jump.)

double red triangle arrows Continue reading “Quote of the Day: What’s the Bluebook Parenthetical for That?”

Federal government lawyers are having their pay frozen. But let’s face it: you don’t don’t go into government service for the money.

You might do it for the experience. You might do it for the lifestyle. And, depending on the position, you might do it for the prestige.

Someone once said to me, “You can’t eat prestige.” “Maybe not,” I replied. “But prestige certainly is delicious!”

For a young lawyer, one of the most prestigious government gigs around is a Bristow Fellowship. These four one-year fellowships in the Solicitor General’s Office are generally regarded as second only to Supreme Court clerkships in prestige (and many Bristow Fellows later go on to clerk at the Court). You can read more about the Bristow, including the job responsibilities and the application process, on the Department of Justice website.

Earlier this month, the four Bristows for 2011-2012 were notified of their good fortune. Who are they?

double red triangle arrows Continue reading “Congratulations to the 2011 Bristow Fellows”

passport united states passport.jpgWe realize we’re late on this, since the news broke on Friday. But at the time, we thought Purcell v. Gonzalez was just a run-of-the-mill Supreme Court ruling. We didn’t realize it featured delicious benchslaps of the Ninth Circuit, the lower court whose decision was vacated.
The state of Arizona adopted a rule for next month’s elections requiring most voters to show photo identification before casting their ballots. Such rules, adopted by other states as well, are generally supported by Republicans — who view them as helping to cut down on voter fraud — and opposed by Democrats — who believe they may deter poor, elderly, disabled or minority voters from voting.
A legal challenge to the picture ID rule was mounted in Arizona. Some background about the case, from the L.A. Times:

In May, the American Civil Liberties Union, the League of Women Voters and several other civil rights groups sued to block the voter identification rule from being enforced Nov. 7. They called the rule a “21st century poll tax” because it could force some poor voters to purchase photo ID cards….

A federal judge refused to block the law from taking effect, but on Oct. 5, a two-judge panel of the 9th Circuit issued an order saying the law could not be enforced for the upcoming election. The appeals court did not explain its ruling.

Arizona’s attorney general asked the Supreme Court to intervene. And on Friday afternoon, the high court issued a six-page opinion that set aside the 9th Circuit’s order. It noted that the 9th Circuit’s “bare order” did not give a good reason for blocking the law from taking effect.

That’s a charitable description of the Supreme Court’s treatment of the Ninth Circuit. Here’s an excerpt from the opinion itself:

On October 5, after receiving lengthy written responses from the State and the county officials but without oral argument, the panel issued a four-sentence order enjoining Arizona from enforcing Proposition 200’s provisions…. The Court of Appeals offered no explanation or justification for its order. Four days later, the court denied a motion for reconsideration. The order denying the motion likewise gave no rationale for the court’s decision.

Translation: “Despite receiving oodles and oodles of briefing from state and county officials, the Ninth Circuit stopped Arizona from enforcing its rule — without even bothering to give the state its day in court. Then, when asked to rethink their decision, those Ninth Circuit morons just said ‘NO’ — again without bothering to explain themselves.”
The discussion continues, after the jump.

double red triangle arrows Continue reading “Benchslapped: The Arizona Voter ID Ruling”