Regarding the ruling in Ricci

Jun 29, 2009 11:47


In covering Ricci , media should not promote "extraordinary rebuke" myth
Furthermore, it also would not be unprecedented for the court to reverse a ruling reached by a justice before his or her elevation to the Supreme Court. As an appeals court judge, Chief Justice John Roberts was a member of a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit, which, in its July 2005 unanimous ruling in Hamdan v. Rumsfeld, allowed a military commission to try Salim Ahmed Hamdan, a Guantánamo Bay detainee.

Roberts was confirmed as chief justice several months later, in September 2005. Then, in 2006, the Supreme Court reversed the circuit court's decision on a 5-3 ruling.

Moreover, contrary to the myth that it is unusual for the Supreme Court to reverse federal appellate court decisions, data compiled by SCOTUSblog since 2004 show that the Supreme Court has reversed more than 67 percent of the federal appeals court cases it considered each year, except 2007, when it reversed federal appeals court cases 61 percent of the time.
If you checkout the comments on this article, they are already crowing about how this ruling is justice and not at all an example of judicial activism.  Go figure.

sotomayor, scotus

Previous post Next post
Up