Monday, August 25, 2008

a stifled dissent . . .

State Supreme Court Bans Sitting Justice From Filing His Dissent

The Mississippi Supreme Court ordered one of its sitting justices not to publish his dissent with the Court's majority decision. Apparently the Court stopped its court clerk from filing Justice Oliver Diaz's opinion into the record. Here's a copy. It was published by Folo, a blog. In the opinion, Justice Diaz writes "A majority vote to censor a justice of the court and prohibit the issuance of a dissenting opinion may be unprecedented in the history of American jurisprudence.”

Is this a first? The WSJ Law Blog thinks it might be. See Justices Tell Colleague Not to Publish His Opinion. Unprecedented? Mitchell Rubinstein, Adjunct Law Prof Blog, thinks this incident would make an excellent topic for a law review article. Indeed it would. By not being part of the record, Justice Diaz's opinion has no legal status. [post by Joe Hodnicki, Law Librarian Blog]

hat tip:  Maxine Young Asmah, Head of Public Services and Director, Certificate of Excellence in Legal Research, Texas Tech University School of Law Library


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