The Ninth Circuit today affirmed a preliminary injunction against Idaho's efforts to stop doctors from referring patients to out-of-state providers. Losing on the merits was definitely not what the Idaho Attorney General (alongside the Idaho Solicitor General) wanted.
But the last part of Judge Fletcher's opinion adds insult to injury, saying (in rejecting Idaho's efforts to have a different judge assigned on remand):
"No 'reasonable outside observer' could conclude that the district judge harbors personal bias against the defendants or that reassignment is warranted to preserve the appearance of justice. See id. at 1046. The Attorney General charges that the district judge ignored relevant materials, mischaracterized the record, and unfairly denied supplemental briefing. This charge is patently false. The thorough preliminary injunction order shows that the district judge carefully considered the record, the Attorney General’s arguments, and the parties’ timely filings. The compressed briefing schedule reflects the emergency nature of the relief plaintiffs requested. The decisions to deny supplemental briefing and reject untimely filings were well within the district judge’s broad discretion to manage his docket."
"Patently false" are fairly strong words to describe an advocate's representations to a court. Definitely not something I'd want said about me.
