Ninth Circuit Spanks DOJ Lawyers

In Singh v. Gonzales, No. 04-70300 (9th Cir. Sept. 7, 2007), the court issued an order stating

“It is the responsibility of the Department of Justice and its lawyers to be aware when its positions have been rejected by the court. While it is acceptable to make a rejected argument for purposes of preserving it for en banc or Supreme Court consideration while acknowledging that it has been rejected by the court, it is not acceptable to repeat an argument already rejected without acknowledging the case that rejected it, particularly where it is the Department of Justice itself that was involved in earlier case. Another such repetition of this same argument in this court will be considered sanctionable behavior.”  To read the decision, click here.

KJ