The Ninth Circuit Hearts John Oliver
John Oliver gets cited in an appellate decision.
It was only earlier this week that I was thanking the heavens for John Oliver’s unique brand of humor and ability to brighten the dog days of summer. Apparently I’m not the only one who appreciates his work.
Judging by her recent opinion in Paeste v. Guam, Ninth Circuit Judge Marsha S. Berzon is also a fan. The case is a class action brought by Guam residents against Guam over a tax refund program. As part of the decision, Judge Berzon dropped a footnote regarding the “insular cases” — the series of early 20th century cases establishing that constitutional rights do not automatically apply to U.S. territories — as they are currently understood.
And oh yeah, John Oliver has something to say about them:
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We do note, however, that the so-called “Insular Cases,” which established a less-than-complete application of the Constitution in some U.S. territories, has been the subject of extensive judicial, academic, and popular criticism. See, e.g., Juan Torruella, The Insular Cases: The Establishment of a Regime of Political Apartheid, 77 Rev. Jur. U.P.R. 1 (2008); Last Week Tonight with John Oliver: U.S. Territories, Youtube (Mar. 8, 2015), https://www.youtube.com/watch?v=CesHr99ezWE
As our tipster noted:
Somewhere, a law prof is weeping uncontrollably that John Oliver got
cited instead of a law-review article.
That may be, but we are sure enjoying it.
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Earlier: John Oliver Explains Why It Is Too Soon To Celebrate LGBT Equality
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