Thursday, August 25, 2005

Hirschfield v. Payne (9th Cir. - Aug. 22, 2005)

Here's a cautious, balanced, and sage opinion by Judge O'Scannlain, both in substance as well as in form. The type of opinion I like to see. Ditto, by the way, for the opinion by Judge Tallman in Doe v. U.S. Sometimes you gotta do what you gotta do. Even if you don't particularly like it. See also Judge Reinhardt's concurrence in Diaz v. Parks.