« Vacancy on Supreme Court 2017 - Looking Ahead: Round One Interviews Begin Next Tuesday | Main | Ind. Decisions - Court of Appeals issues 3 opinion(s) today (and 9 NFP memorandum decision(s)) »

Thursday, March 16, 2017

Courts - Personal attacks against the court by the parties

Yesterday the 9th Circuit rejected the suggestion that the Court hear the case involving Trump’s immigration order en banc. This final passage from Judge Bybee’s lengthy dissent is noteworthy:

Finally, I wish to comment on the public discourse that has surrounded these proceedings. The panel addressed the government's request for a stay under the worst conditions imaginable, including extraordinarily compressed briefing and argument schedules and the most intense public scrutiny of our court that I can remember. Even as I dissent from our decision not to vacate the panel's flawed opinion, I have the greatest respect for my colleagues. The personal attacks on the distinguished district judge and our colleagues were out of all bounds of civic and persuasive discourse—particularly when they came from the parties. It does no credit to the arguments of the parties to impugn the motives or the competence of the members of this court; ad hominem attacks are not a substitute for effective advocacy. Such personal attacks treat the court as though it were merely a political forum in which bargaining, compromise, and even intimidation are acceptable principles. The courts of law must be more than that, or we are not governed by law at all.
[h/t to ILB reader Bill Groth]

Posted by Marcia Oddi on March 16, 2017 10:50 AM
Posted to Courts in general