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Friday, June 19, 2009

Courts - "In-Chambers Opinions: A Footnote to the Chrysler Case"

Tony Mauro has posted a really interesting item this afternoon in The Blog of Legal Times on the obscure-to-most world of Supreme Court "in chambers" opinions. A quote:

You'll recall that several challenges to the sale, brought by consumer groups and pension funds that claimed they would be harmed by the sale of Chrysler to Fiat and others, went before Justice Ruth Bader Ginsburg in her role as circuit justice. In that role, which we explored in this article this week, she referred the stay applications to the full court. After a few suspenseful days of consideration, the Court issued an unsigned per curiam opinion denying the stay and explaining why.

The opinion quoted from a recent and never-before-cited precedent that was no doubt unfamiliar to virtually all Court-watchers: Conkright v. Frommert,. Why is it so obscure? It was written by Justice Ginsburg in April as an "in-chambers" opinion, a sort of one-justice ruling that is rare and hard to categorize -- so much so that until 40 years ago, they were not included in the U.S. Reports. Ginsburg's in-chamber opinion in April was the first written by any justice in two years.

Posted by Marcia Oddi on June 19, 2009 03:41 PM
Posted to Courts in general