Sitting State Supreme Court Justice Ordered Not To Issue Opinion

Justices Tell Colleague Not to Publish His Opinion. Unprecedented? is a very interesting August 22, 2008 Wall Street Law Journal Blog story. Remarkably, the Mississippi Supreme Court ordered another sitting Justice, Justice Oliver Diaz not to publish his dissent with the majority decision. He did, however file it separately and it is available here from the Folo blog.

At the beginning of his dissent, Justice Diaz notes that this action may be unprecedented in American jurisprudence. This certainly appears to be unconstitutional as a violation of separation of powers and this constitutional law issue warrants law review commentary.

Mitchell H. Rubinstein