Monday, November 29, 2010

So Much For the Rule of Law

From Orin Kerr over at the Volokh Conspiracy:
But the word “Reinhardt” is radioactive at 1 First Street. Reinhardt writes like there is no Supreme Court, and as a result his opinions have a remarkable ability to annoy the Justices. In return, the Supreme Court loves to reverse Reinhardt. They love to reverse opinions he signs, and they love to reverse opinions he participates in. So the fact that he’ll likely be involved in the panel decision probably hurts opponents of Prop 8 in the long run.
I suppose it is too much to expect the Supreme Court to actually rule on the merits of the case and nothing but the merits of the case while setting aside any negative feelings about a particular Court of Appeals judge. But lets face it, not even former Supreme Court clerks like Orin Kerr believe this.

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