As @TonyMauro notes, "No ironclad rule prohibits a new justice from voting on a case that was argued before he or she joined [#SCOTUS], but the long-standing tradition is that the tie would stand or the case would be reargued when a ninth justice arrives."https://twitter.com/Tonymauro/status/1042472834155589632 …
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That Reinhardt case isn't being re-argued?
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That particular case is - see, e.g., this post by
@EdWhelanEPPC (https://www.nationalreview.com/bench-memos/reinhardt-no-longer-votes-from-the-grave/ …) - but in many other cases (w/unanimous panels), no reargument has been held. -
Ah. Thanks.
End of conversation
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I wonder if changing that tradition amid the current context would be worth it, though. Is reargument burdensome, especially with the historically light(ish) caseload?
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And yet: Katz (subsequent objective/subjective reasonableness test solely derived from oral argument).
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Indeed. We had case at CA9 where a judge was added to the panel post-oral args after Judge Reinhardt passed.
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Best self-loathing column: "Stay In That Closet" October 31, 1995. You didn't take your own haughty, malicious advice.
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Reading through your anti-gay columns in the Crimson, justifying discrimination, calling homophobia "rational" and defending a poster equating gay sex with death. You really should be ashamed of yourself.
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Didn’t Citizens United turn on a misstep by the DOJ attorney at oral argument?
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Or the late Judges Pregerson and Reinhardt joining opinions from the grave.
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