The Ninth Circuit en banc panel, with a decision written by
Circuit Judge Reinhardt, concluded that such a constitutionally protected liberty interest does exist.
-- authored by Circuit Judge Hurwitz [majority decision] and concurring opinion by
Circuit Judge Reinhardt; discussed in our Oct. 10, 2015 post: District court in Civil Asset Forfeiture Reform Act case which substantially reduced fee request was reversed based upon its reliance on inapt practice area hourly rates, upon its discounts for plaintiff's attorneys not delegating tasks to associates given that only small firms prosecuted these type of cases, and upon its use of stale prior fee awards involving fee claimant's attorneys.
In Compassion in Dying v. Washington, Ninth
Circuit Judge Reinhardt literally dared the Supreme Court to reverse Hardwick v. Bowers (the five» to» four decision in 1986 that upheld Georgia's statute against sodomy).
Liberal 9th
Circuit Judge Stephen
Reinhardt, who struck down California's Proposition 8 as well as gay marriage bans in Nevada and Idaho, and wrote a ruling that barred jurors from being removed because of sexual orientation, has died at 87.
Those eleven
judges are Chief Judge Alex Kozinski and Circuit Judges Stephen Reinhardt, Pamela A. Rymer, Barry G. Silverman, M. Margaret McKeown, William A. Fletcher, Raymond C. Fisher, Richard A. Paez, Carlos T. Bea, Milan D. Smith, Jr., and N. Randy
judges are Chief
Judge Alex Kozinski and
Circuit Judges Stephen Reinhardt, Pamela A. Rymer, Barry G. Silverman, M. Margaret McKeown, William A. Fletcher, Raymond C. Fisher, Richard A. Paez, Carlos T. Bea, Milan D. Smith, Jr., and N. Randy
Judges Stephen
Reinhardt, Pamela A. Rymer, Barry G. Silverman, M. Margaret McKeown, William A. Fletcher, Raymond C. Fisher, Richard A. Paez, Carlos T. Bea, Milan D. Smith, Jr., and N. Randy Smith.