On Point's Ten Worst Judicial Decisions of 2008 Print

Two of the country's more reactionary federal appellate judges have made it into On Point's third annual Judicial Hall of Shame.

Justice Antonin Scalia of the U.S. Supreme Court created a new right for gun owners and Judge Carlos Bea of the 9th Circuit said a ski resort could make snow out of wastewater on a mountain held sacred by Indian tribes. The list also includes the speech-chilling work of trial court judges in New York, Illinois and California.

Here is the complete list:

  • Batra v. Wolf
    Author: Marilyn Shafer (Manhattan Supreme Ct.)

    Generous view of "libel in fiction" allows case against "Law and Order" producers to proceed.

  • Buckley v. Haddock
    Author: J.L. Edmondson (11th Circuit)

    Using Taser as a "pain-compliance" device to force handcuffed motorist to stand up not excessive.

  • District of Columbia v. Heller
    Author: Antonin Scalia (U.S. Supreme Ct.)

    Conservative judicial activism creates "a new constitutional right to own and use firearms for private purposes."

  • Evans v. City of Chicago
    Author: Terrence T. Evans (7th Circuit)

    Civil-rights plaintiff wrongly convicted of rape and murder suffers further injustice.

  • Jones Day v. BlockShopper
    Author: John W. Darrah (USDC, N. Ill.)

    Chilling Internet speech by allowing trademark claim against real estate news website for linking to law firm.

  • Marmelstein v. Kehillat New Hempstead
    Author: Victoria A. Graffeo (New York Ct. of Appeals)

    Setting bar of proof prohibitively high for sexual misconduct cases against clergy.

  • Navajo Nation v. U.S. Forest Service
    Author: Carlos T. Bea (9th Circuit)

    Nothing sacred to en banc majority in Indian tribes' religious freedom challenge to snow-making project.

  • Pleasant Glade Assembly of God v. Schubert
    Author: David Medina (Texas Supreme Ct.)

    Church's "belief system" means no liability for forcible restraint of member during "laying hands" procedure.

  • Rost v. Steamboat Springs RE-2 Sch. Dist.
    Author: Paul J. Kelly (10th Circuit)

    Despite actual knowledge of sexual harassment of learning disabled girl by other students, school district free to ignore it.

  • Yeager v. Cingular Wireless
    Author: Frank C. Damrell (USDC, E. Calif.)

    Another speech-chilling decision allows aviation legend to sue advertiser for breach of trademark rights in achievement of breaking sound barrier.

    12/29/08


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