Thursday, July 17, 2008

U.S. v. Miranda-Lopez (9th Cir. - July 17, 2008)

Want to see an opinion that's a great example of statutory interpretation? In which both the majority and dissent write excellent opinions, each of which is eminently reasonable? And an opinion in which the rule of lenity isn't merely addressed as a throwaway, but rather is treated seriously?

Here it is.

Were similar analytical skills evident in similarly situated opinions, the output of the judiciary would be much improved. Good job Judges Silverman and Bybee.

P.S. - Good job also by San Diego attorney -- and USD law graduate -- Keith Rutman, who wins this one on behalf of the defendant.