Mediation is a good thing. Fact is, mediation is the "in" thing for courts, nowadays. It relieves all sorts of problems with Judges having to decide the cases.
I admit however, that I'm hard pressed to find one instance of a circuit court ordering mediation when the parties have not requested it. What is more troubling, is this sua sponte order being given
after oral arguments.
This is not something that is unusual. This is without any precedent at all. It strikes a new low for any court, let alone an
en banc circuit panel.
Quote:
|
"We overstep our authority by forcing the parties to spend time and money engaging in a mediation charade. Our job is to decide the case, and do so promptly." Kozinski, dissenting.
|
That this was some sort of compromise that the panel was willing to make in order to not to have to reach a decision, is inescapable.
Given the general attitude of the 9th Circuit towards the second amendment, it gives rise to the idea that the decision was not one to sit well with these judges. Rather, as Lyle Denniston has noted, the court has shunted the decision to the side.