Sometimes judges don't publish to avoid political heat; some said that re: Sotomayor in Ricci (re: http://nyti.ms/16bOlF0 by @AdamLiptak).
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Replying to @DavidLat
@DavidLat@adamliptak vast majority of unpub decisions (at least @ Ninth when I clerked) were appropriate but it is a place to hide as well.3 replies 2 retweets 2 likes -
Replying to @brendanistan
@brendanistan@DavidLat@adamliptak. Not clear why there should even be such as thing as an "unpublished decision" in this day and age.2 replies 1 retweet 2 likes -
Replying to @DmitriMehlhorn
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@DmitriMehlhorn@brendanistan@adamliptak It's purely practical; unpublished opinions are easier and faster to write.1 reply 0 retweets 0 likes -
Replying to @DavidLat
@DavidLat@brendanistan@adamliptak. Or, put another way, "I have a lot of work so I plan to lower the standard on 90% of it."4 replies 0 retweets 0 likes -
Replying to @DmitriMehlhorn
@DmitriMehlhorn@brendanistan@adamliptak I can say, as a former 9th Cir. clerk who worked 6-7 days a week, it's not feasible.2 replies 0 retweets 0 likes -
Replying to @DavidLat
@DavidLat@DmitriMehlhorn@brendanistan@adamliptak agreed.2d circ wouldn't use order to reverse or if nonunanimous. .2 replies 0 retweets 0 likes
@GChernack @DmitriMehlhorn @brendanistan @adamliptak Yes - that's a very good point - there are safeguards you could say to prevent abuse.
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