Bush v. Gore now being cited for comedic effect

[Justin Schwartz]

Bush v. Gore being itself a sort of "unpublished order" that decides only 
the case it addresses, and on its own terms lacks precedential value (but 
not presidential value). Well, Kozinski can laugh, his guys benefited by 
that attack of judicial lawlessness. --jks


>
>Had to share this with you guys...
>
>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"unpublished" decisions in violation of a court rule: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may bear part of the responsibility by issuing unpublished dispositions 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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