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Truth v. Kent School District (9th Cir. - Sept. 9, 2008)

By Shaun Martin

"We took over a year after oral argument to decide what would seem like a relatively straightforward case involving a student club. But at least we got it right, back in 2007, and unanimously affirmed."

"Oops. Did we say 'affirmed'? We meant, of course, 'reversed and remanded,' at least in part. Took us another ninth months to figure that one out and publish the revised opinion. But, again, at least we got it right."

"Oh. Really? Okay. Well, it's another half-year later, and we'll do what we can. But Judge Wallace wrote both of the earlier opinions, and he won't sign on to yet another change. So I guess it's up to both of the other panel members to write a lengthy concurrence at this point. Which means there's a majority opinion joined by all of us and then a 'concurrence' -- albeit one with precedential force -- signed by two of the three."

What a long, strange trip it's been.

Full post as published by California Appellate Report on September 10, 2008 (boomark / email).