Effect of the Newdow case on the precedential value of
the Ninth Circuit decision
VOLOKH at law.ucla.edu
Tue Jun 15 14:17:05 PDT 2004
But vacating the district court judgment doesn't, I think, by
itself vacate the earlier opinion. Those parts that were reversed on
other grounds might presumably still be argued to be binding precedent.
I think Howard's and Sam's arguments against that position will and
should prevail -- but I don't think that the Ninth Circuit's order
vacating the trial court judgment would affect that.
Ed Hartnett writes:
> Another possibility is that it assumed that the Court of
> Appeals would see that this was obviously the way to
> implement its decision and could be trusted to enter a
> judgment along the lines I previously suggested: "The
> judgment of the district court is vacated and the case is
> remanded with instructions to dismiss the complaint for lack
> of jurisdiction."
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