"The Supreme Court Should Not Have to Keep Trimming the Same Poison Ivy One Tiny Branch at a Time"

Source Scout · Reason reports: Mostly law professors | Sometimes contrarian | Often libertarian | Always independent A nice line from Ninth Circuit Judge Lawrence VanDyke. The broader context, from Judge VanDyke's opinion dissenting from denial of rehearing en banc in Whitfield v. Mullin , joined by Judges Patrick Bumatay and Eric Tung; the question Judge VanDyke is confronting is when a Ninth Circuit precedent stops being binding on future panels because it's inconsistent with intervening Supreme Court precedent: [T]his case illustrates (yet again) a more fundamental problem within our circuit: Miller v.

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