Supreme Court the voice of the dead ‘progressive says’ judge not count

Judge Stephen Reinhardt listens to arguments of gay marriage bans in the 9th U.S. Circuit Court of Appeals in San Francisco, Sept. 8, 2014.
(Associated Press)

The Supreme court decided on Monday that the decisive vote in California does not pay the event of a dispute before a lower court counts, and because the voice came from a judge who died before the judgment was issued.

The case from the San Francisco-based 9th U.S. Circuit Court of Appeals parties submitted a dispute over pay, by a Fresno County employee of the government.


Judge Stephen Reinhardt, who was seen as a progressive Symbol on the Bank, heard the argument and participated in a preliminary vote. The court of appeal a report in his name nine days after he died in March 2018.

But the high court, vacating the decision of the federal appeals court said on Monday that “Federal judges are appointed for life, not for eternity.”

“The conclusion is made that judge Reinhardt’s voice with a difference,” said the Supreme court in its unsigned opinion. “Was that legal?”


The judge said it was not. “As judge Reinhardt was not a judge in the time when the en banc decision was filed in the case, the 9. Circuit was wrong to count him as a member of the majority.”

Reinhardt was one of the longest-serving Federal judge, if he died at the age of 87 and one of the most liberal on the 9. Circuit. He was appointed to the Federal bench in 1980 by President Carter.

The case was returned to the 9. Circuit for a rethink.

Reinhardt died of a heart attack last year during a visit to a skin doctor in Los Angeles, the spokesman of the court said.

When he died, Eric Garcetti, mayor of Los Angeles, called Reinhardt, “one of the greatest legal scholars of our time. A burnt brilliant Angeleno and true progressive icon.”


He was considered a liberal stalwart on the bench. He wrote in an opinion that a Trump administration, the deportation of a man who entered the country illegally nearly three decades and a respected business man, was in Hawaii “inhumane” and “contrary to the values of the country and its legal system.”

In 2012, he wrote in a statement, the California gay marriage proposed ban. He also wrote the 1996 opinion that struck down a Washington state law that prohibited doctors from prescribing drugs to help the terminally terminally ill patients.

It was decided under the Federal judges that the overcrowding in California’s penal system was unconstitutional.

Reinhardt, another judge in the judgment entered, that the words “under God” in the Pledge of Allegiance unconstitutional, a decision later repealed.

Fox News’ Amy and The Associated Press contributed to this report.

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