Issue: Whether the Ninth Circuit created an improper and unworkable rule by inventing a duty for district courts to sua sponte impose a blanket protective order – absent any request from the privilege holder – at the commencement of any discovery in habeas proceedings in which the habeas petitioner asserts a claim of ineffective assistance of counsel.
On Monday the Court issued orders from its December 6 Conference. (As Lyle reported the Court granted one new case from that Conference on Friday afternoon.) On Tuesday the Court issued one opinion and one dismissal. On Wednesday, the Court issued an additional opinion. This is the second week of the December sitting; the hearing list for this sitting is here.