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AppellateDaily's profile
Michelle Olsen
Michelle Olsen
Michelle Olsen
@AppellateDaily

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Michelle Olsen

@AppellateDaily

Attorney covering #SCOTUS and federal appellate courts; @JonesDay and federal gov't alum. RT=Item is interesting.

Washington, DC
Joined June 2010

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    Michelle Olsen‏ @AppellateDaily 10 Feb 2017

    Q: Why #CA9 order per curiam? For judges, etc., who don't want to comment on #CA9, why in general? Have some thoughts, want to hear others.

    7:07 AM - 10 Feb 2017
    • 1 Retweet
    • Kimberly A. Jansen
    7 replies 1 retweet 0 likes
      1. New conversation
      2. David B. Cruz‏ @ProfDavidCruz 10 Feb 2017
        Replying to @AppellateDaily

        .@AppellateDaily Besides the solidarity theory, if the panel divvied up the opinion to facilitate quick decision, per cur. would make sense.

        1 reply 1 retweet 3 likes
      3. Dan Epps‏Verified account @danepps 10 Feb 2017
        Replying to @ProfDavidCruz @AppellateDaily

        This seems quite plausible to me under circumstances, though big deviation from normal practice.

        1 reply 1 retweet 0 likes
      4. David B. Cruz‏ @ProfDavidCruz 10 Feb 2017
        Replying to @danepps

        .@danepps @AppellateDaily True. But see Bush v. Gore issued per cur on rushed timetable & widely believed authored jointly. Cf. PP v. Casey.

        1 reply 2 retweets 1 like
      5. Dan Epps‏Verified account @danepps 10 Feb 2017
        Replying to @ProfDavidCruz @AppellateDaily

        yeah definitely.

        2 replies 0 retweets 0 likes
      6. 3 more replies
      1. David Coale‏ @600camp 10 Feb 2017
        Replying to @AppellateDaily

        "per curiam" can serve many purposes but here shows the court speaks with one united voice

        0 replies 1 retweet 2 likes
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      1. Joe Rothberg‏ @JoeRothberg 10 Feb 2017
        Replying to @AppellateDaily

        so not any one of them individually could be blasted on twitter...

        0 replies 1 retweet 1 like
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      1. New conversation
      2. Garrett Coyle‏ @gjcoyle 10 Feb 2017
        Replying to @AppellateDaily

        Case was heard by CA9 motions panel. As far back as I can remember, motions panel orders are virtually all per curiam.

        1 reply 1 retweet 2 likes
      3. Garrett Coyle‏ @gjcoyle 10 Feb 2017
        Replying to @gjcoyle

        (Not so much explaining as saying it's consistent with longstanding practice.)

        0 replies 0 retweets 0 likes
      4. End of conversation
      1. New conversation
      2. Dan Epps‏Verified account @danepps 10 Feb 2017
        Replying to @AppellateDaily

        sometimes just weird court practices: e.g., in circuits, staff attorney written ops usually PC. SCOTUS, sum revs always pc

        1 reply 1 retweet 1 like
      3. 1 more reply
      1. Luis Toro‏ @_luistoro 10 Feb 2017
        Replying to @AppellateDaily

        Because different chambers authored different parts of the opinion?

        0 replies 1 retweet 0 likes
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      1. ن Don't Come Back Without A Warrant, Dog‏ @BarkingBarister 10 Feb 2017
        Replying to @AppellateDaily

        either b/c they deliberately want to speak as one, or they split writing up to give the clerks a rest. Former more plausible

        0 replies 0 retweets 0 likes
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