Comments on: Three reversals for the Ninth Circuit http://www.scotusblog.com/wp/three-reversals-for-the-ninth-circuit/ The Supreme Court of the United States blog Thu, 26 Jun 2008 21:56:34 -0700 http://wordpress.org/?v=2.8.5 hourly 1 By: TomFreeland http://www.scotusblog.com/wp/three-reversals-for-the-ninth-circuit/comment-page-1/#comment-6434 TomFreeland Tue, 22 Mar 2005 20:46:07 +0000 http://www.scotusblog.com/wp/uncategorized/three-reversals-for-the-ninth-circuit/#comment-6434 I hate to pick nits, but wouldn't it be more accurate to say about <i>Brown v. Payton</i> that the Court ruled that it was not an unreasonable application of the law-at-the-time for the California state court to affirm the instruction? That's the standard under the AEDPA and that's what Kennedy's opinion is about-- and Breyer's concurrance makes clear it's the basis of his vote; he notes that he'd vote the other way on the question of whether the instruction was erroneous. I hate to pick nits, but wouldn’t it be more accurate to say about Brown v. Payton that the Court ruled that it was not an unreasonable application of the law-at-the-time for the California state court to affirm the instruction? That’s the standard under the AEDPA and that’s what Kennedy’s opinion is about– and Breyer’s concurrance makes clear it’s the basis of his vote; he notes that he’d vote the other way on the question of whether the instruction was erroneous.

]]> By: Vote for Judges http://www.scotusblog.com/wp/three-reversals-for-the-ninth-circuit/comment-page-1/#comment-6437 Vote for Judges Tue, 22 Mar 2005 20:20:05 +0000 http://www.scotusblog.com/wp/uncategorized/three-reversals-for-the-ninth-circuit/#comment-6437 <strong>The dreaded performance evaluation</strong> If these cream-of-the-crop judges, consistently, can't get the law right, shouldn't some committee of Congress be thinking about an evaluation of some sort? The dreaded performance evaluation

If these cream-of-the-crop judges, consistently, can’t get the law right, shouldn’t some committee of Congress be thinking about an evaluation of some sort?

]]> By: The Volokh Conspiracy http://www.scotusblog.com/wp/three-reversals-for-the-ninth-circuit/comment-page-1/#comment-6436 The Volokh Conspiracy Tue, 22 Mar 2005 18:31:20 +0000 http://www.scotusblog.com/wp/uncategorized/three-reversals-for-the-ninth-circuit/#comment-6436 <strong>0-3 for the Ninth:</strong> The Supreme Court reversed the Ninth Circuit in three cases today: <a href="http://a257.g.akamaitech.net/7/257/2422/22mar20051115/www.supremecourtus.gov/opinions/04pdf/03-1423.pdf" rel="nofollow">Muehler v. Mena</a> (handcuffing during warrant execution didn't viola... 0-3 for the Ninth:

The Supreme Court reversed the Ninth Circuit in three cases today: Muehler v. Mena (handcuffing during warrant execution didn’t viola…

]]> By: WILLisms.com http://www.scotusblog.com/wp/three-reversals-for-the-ninth-circuit/comment-page-1/#comment-6435 WILLisms.com Tue, 22 Mar 2005 16:06:49 +0000 http://www.scotusblog.com/wp/uncategorized/three-reversals-for-the-ninth-circuit/#comment-6435 <strong>Classiness, All Around Us.</strong> Click to explore more WILLisms.com. In no particular order, WILLisms.com presents classiness from the blogosphere: 1. Democracy Guy blog (via InstaPundit) examines whether Russia is picking a fight over Kyrgystan: The proliferation of dubious election... Classiness, All Around Us.

Click to explore more WILLisms.com. In no particular order, WILLisms.com presents classiness from the blogosphere: 1. Democracy Guy blog (via InstaPundit) examines whether Russia is picking a fight over Kyrgystan: The proliferation of dubious election…

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