Court Decisions
Interesting Editorial on the Ninth Circuit: Court ADJUSTMENT NEEDED!
Ban the Cams note: More info on the Ninth Circuit Court, a court that has a track record of ignoring the law!
http://www.nctimes.com/news/opinion/editorial/article_d71abd3b-5207-5fa0-b79b-932ef4400e46.html
EDITORIAL: Adjustment needed
Our View: 9th Circuit Court of Appeals needs to truly serve the people
EDITORIAL: Adjustment needed
North County Times and Californian opinion staff North County Times - The Californian | Posted: Wednesday, March 23, 2011 12:00 am
As reported in these pages Tuesday, 10 times in the past five months the Supreme Court has overruled decisions of the 9th Circuit Court of Appeals. Most of those, including the latest (involving a rape conviction that the Supreme Court reinstated), have been unanimous decisions by the high court.
Any time a court is consistently overruled by higher courts, there should be cause for concern. This is especially true for an appellate court, which is charged with carrying out the precedents set by the Supreme Court. And when a Supreme Court as ideologically divided as our current one finds itself closing ranks and unanimously upbraiding a lower court ---- on an ongoing basis ---- those of us subject to that appellate court's jurisdiction have every right to be concerned.
The ongoing record of the 9th Circuit Court of Appeals' repeated crossing of the Supreme Court does not inspire confidence in the fairness or legality of its work. Worse, every time its decisions are reversed (and, increasingly, reprimanded), that makes it more likely that the high court will scrutinize the 9th Circuit's future decisions.
An appeals court whose every decision has to be reviewed by the Supreme Court is not one that is doing its job.
By our Constitution, the Supreme Court is charged with providing final interpretations of our laws. Lower courts, including the 9th Circuit Court of Appeals (which is based in San Francisco and whose jurisdiction covers California, Alaska, Washington, Oregon, Hawaii, Nevada, Idaho and Montana), are then to apply these interpretations to the cases before them.
Since the other 11 appellate courts seem able to manage their caseloads without the Supreme Court having to micromanage their every decision, we believe it is eminently reasonable for taxpayers to expect the 9th Circuit Court of Appeals to follow precedent ---- and the Supreme Court's increasingly explicit direction ---- and rule on cases in a manner that conforms to existing law.
We urge the judges of the 9th Circuit Court of Appeals to set aside some time to consider whether through their ongoing defiance they are truly serving the cause of justice and the interests of the people.
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