The Firing Line Forums - View Single Post - Alert: 9th circuit to vote on en banc hearing for Nordyke

Bartholomew Roberts · July 5, 2009, 02:33 AM

I sure can't tell you how it proceeds; but I think one of the cert briefs for Chicago made a compelling case that the Supreme Court needed to intervene even if the en banc opinion reverses the panel opinion in the 9th because it obviously isn't clear how to proceed since the three cases (Maloney, Nordyke and Chicago) reached their decision using three totally different forms of 14th amendment analysis.

July 5, 2009, 02:33 AM	#8
Bartholomew Roberts member Join Date: June 12, 2000 Location: Texas and Oklahoma area Posts: 8,462	I sure can't tell you how it proceeds; but I think one of the cert briefs for Chicago made a compelling case that the Supreme Court needed to intervene even if the en banc opinion reverses the panel opinion in the 9th because it obviously isn't clear how to proceed since the three cases (Maloney, Nordyke and Chicago) reached their decision using three totally different forms of 14th amendment analysis.