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U.S. v. Rodriguez (9th Cir. - March 10, 2008)

By Shaun Martin

It's sometimes hard to explain to students -- or even, on occasion, lawyers -- what precedential difference (if any) it makes that a Supreme Court opinion is a 5-4 rather than a 9-0. After all, the legal rule adopted by the majority constitutes binding precedent, right? The rule is the rule, and as long as it gets any number of votes greater than 4.5, it controls.Yes. Entirely right. Only, maybe, not entirely.The great thing about this case from the Ninth Circuit today is that I think it pro read more

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