Saturday, December 05, 2009

CHIEF JUSTICE of Ninth Circuit Fails to Recuse, Executes Power Grab

Alex Kozinski, Chief Justice of the Ninth Circuit Court of Appeals, did not recuse himself from an appeal brought by a member of his own staff, a Ninth Circuit attorney.  TIME Magazine has the report.

Kozinski's move was a blatant power grab.  It'll be interesting to see how the Obama Administration responds.

UPDATE:  Kozinksi has influence over the Los Angeles Times?  Hmmm.

UPDATE 2:  Obama Administration slaps down Kozinski as the Office of Personnel Management concludes that Kozinski's order was only an "administrative" ruling, trumped by the DOMA.

Alex Kozinski, Chief Judge of Ninth Circuit Court of Appeals


Greg May said...

The article says Kozinski was "acting in his capacity as administrator in an employee dispute resolution." Thus, it appears he was not a judge hearing the staff member's appeal. I'm sure Time would have made a huge deal out of it if he had.

The decision is here:

Anonymous said...

A very intersting situation for sure. It will be interesting to see if Kozinski is bluffing or is ready to do battle. Considering the Obama administration's back and forth on the subject they may leave it alone but the question remains, what happens if the Admin decides to fight? The quiet leg of the stool may not be so quiet. Should be very interesting....