Thursday, August 20, 2009

Rodriguez v. Hayes (9th Cir. - Aug. 20, 2009)

In a case brought by the ACLU on behalf of aliens detained for more than six months without a bond hearing while engaged in immigration proceedings, when the plaintiff files a motion for class certification -- and the defendant opposes it -- is it really too much to ask the district court to say something about the merits of that motion beyond a conclusory two-sentence disposition? You know: Factual findings, legal analysis, etc. etc. To do, one might say, one's job?

It'd make the parties happier. It'd lessen the burden on the appellate courts. If nothing else, it's a common courtesy.

Let's just say that this case doesn't arise from Judge Hatter's best work.