Wednesday, March 11, 2009

Le v. Astrue (9th Cir. - March 10, 2009)

Sometimes the law can be flexible and do the right thing. Even in a snare-filled and hypertechnical area such as the contents of your notice of appeal, which is something that we generally require you to do just right.

For this reason, I agree with Judge Ikuta here.

Though the opinion sounds somewhat grudging about it -- referring to "precedent compels us" and the like. Whereas even as a procedure person, I'd have no such qualms. I think the Court of Appeals definitely both has jurisdiction and should properly review the case.