Monday, October 05, 2015

Rodriguez v. Robbins (9th Cir. - Oct. 2, 2015)

DOJ attorney Sarah Wilson got some incredibly bad news in August, when the Ninth Circuit issued an order to show cause why she shouldn't be sanctioned for deliberately misleading the court during oral argument and for improperly attempting to influence the court's opinion by leaking something to the L.A. Times immediately prior to oral argument.  (I mentioned this order at the time.)

October was a much better month for her.  Based on the Department of Justice's response to the OSC, the Ninth Circuit vacated the OSC and declined to award sanctions.

The panel still isn't perfectly happy about what Ms. Wilson did at oral argument.  But the worst things the panel thought about Ms. Wilson apparently weren't true.

So no sanctions.  Being incredibly scared is sanction enough.