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SCOTUS to 9th circuit - Dead judges don't get to vote

This topic can be found at:
https://sigforum.com/eve/forums/a/tpc/f/320601935/m/9620059354

February 26, 2019, 12:42 PM
KMitch200
SCOTUS to 9th circuit - Dead judges don't get to vote
And you thought dead general election voters was bad.....

A judge on the United States Court of Appeals for the Ninth Circuit, the Honorable Stephen Reinhardt, died on March 29, 2018, but the Ninth Circuit counted his vote in cases decided after that date.
In the present case, Judge Reinhardt was listed as the author of an en banc decision issued on April 9, 2018, 11 days after he passed away. By counting Judge Reinhardt’s vote, the court deemed Judge Reinhardt’s opinion to be a majority opinion, which means that it constitutes a precedent that all future Ninth Circuit panels must follow.
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Because Judge Reinhardt was no longer a judge at the time when the en banc decision in this case was filed, the Ninth Circuit erred in counting him as a member of the majority. That practice effectively allowed a deceased judge to exercise the judicial power of the United States after his death. But federal judges are appointed for life, not for eternity.

Linkage


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After the game, the King and the pawn go into the same box.
February 26, 2019, 12:44 PM
bigdeal
The 9th circuit court needs to be disbanded.


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Guns are awesome because they shoot solid lead freedom. Every man should have several guns. And several dogs, because a man with a cat is a woman. Kurt Schlichter
February 26, 2019, 01:12 PM
Sig2340
Did the RBG thread die a natural death? I wanted to cross reference them.




Nice is overrated

"It's every freedom-loving individual's duty to lie to the government."
Airsoftguy, June 29, 2018
February 26, 2019, 01:20 PM
senza nome
quote:

...
The Supreme Court stepped in Monday and overturned that move, saying that while judges have plenty of judicial power, it can’t extend to the grave.

“Federal judges are appointed for life, not for eternity,” the court ruled in an unsigned opinion.
...