In a hot-off-the-presses decision from the Ninth Circuit Court of Appeals, dealing with excessive use of police force in violation of the Fourth Amendment, Judge Kozinski wrote the following regarding an attorney's use of "unpublished" decisions in violation of a court rule:
"Counsel represents that she violated the rule because she misunderstood the scope of the exception, and we accept that representation. Then again, we may bear part of the responsibility by issuing unpublished dispositions that violate General Order 4.3.a, and so tempt lawyers to cite them as precedent.
[FN2]"
Then Kozinski drops a footnote -- a rib-cracking footnote, actually:
"FN2. This excuse is valid only in this case. SEE Bush v. Gore, 531 U.S. 98, 121 S.Ct. 525, 148 L.Ed.2d 388 (2000)."
Hilarious. I knew we'd see Bush v. Gore put to comedic use by the courts.
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