Goofy Ninth Circuit Court gets Supreme Smack-Down from Supreme Court

Not only do leftists not know the meaning of infanticide, it seems they’re also ignorant of judexicide. Or at least have the wherewithal to recognize a case of judiciulis post-mortem.

Probably not. But in the meantime, thank God some semblance of sanity has returned to the Supreme Court.

Case in point: The SCOTUS unanimously gave the Ninth Circuit the proverbial back of their hand. The reason for the judicial version of a pimp-slap? Turns out these doofii (plural of doofus) handed down a ruling that was authored by none other than Judge Stephen Reinhardt.

Not Judge Reinhardt.

The same Ninth Circuit counted Judge Reinhardt, not to be confused with Judge Reinhold of Fast Times at Ridgemont High fame, as part of the majority in a recent ruling.

Only one problem… Judge Stephen Reinhardt just happens to be dead.




As seen in the official opinion handed down by SCOTUS (emphasis mine);

The Ninth Circuit did not expressly explain why it concluded that it could count Judge Reinhardt’s opinion as “[t]he majority opinion” even though it was not endorsed by a majority of the living judges at the time of issuance, but the justification suggested by the footnote noted above is that the votes and opinions in the en banc case were inalterably fixed at least 12 days prior to the date on which the decision was “filed,” entered on the docket, and released to the public. This justification is inconsistent with well-established judicial practice, federal statutory law, and judicial precedent.

As for judicial practice, we are not aware of any rule or decision of the Ninth Circuit that renders judges’ votes and opinions immutable at some point in time prior to their public release. And it is generally understood that a judge may change his or her position up to the very moment when a decision is released.

Not quite done yet, we can all (again) thank God that there’s at least one clerk working at the SCOUTS who possesses a wickedly sarcastic sense of humor that any US Marine would be envious of;

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.