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Quote of the Day - Get your facts first, then you can distort them as much as you please. - Mark Twain
Don't Quote Me On That Unpublished Opinion
Last week, a U.S. Judicial Conference advisory committee recommended a proposal to allow citation of unpublished opinions.
Interestingly the seminal Ninth Circuit opinion on this point was written by one who opposes and one who is against citing unpublished opinions.
My thoughts side with Kozinski. The recommendation still has to get past the Judicial Conference and the U.S. Supreme Court.
Allowing the citation of unpublished opinions, as quoted in this article, came from Federal Circuit Chief Judge H. Robert Mayer is dangerous. He said "unpublished opinions are 'not prepared with less care' than published ones, but rather are 'not written with the extra care and concern for language/ that characterize published opinions."
So, citing an unpublished opinion is something like citing part of the law. It just doesn't work.