L-R: .U.S. Court of Appeals for the Ninth Circuit Judges Patrick Bumatay, Danielle Hunsaker and Lawrence VanDyke. Photos: Diego Radzinschi/ALMJudges Question 9th Circuit’s Unique Binding Dicta Rule. The Criticism Isn't New.
The rule allows panels to treat “well-reasoned” dicta as precedential.
November 15, 2024 at 08:45 AM
5 minute read
Happy Friday, and welcome to another roundup of the week’s news about the judiciary. This week, we take a look at the 9th Circuit’s unusual and unique “binding dicta” rule, which has raised eyebrows from some judges recently. I spoke with law professor Charles Tyler, who wrote a paper on the topic in 2020.
As always, please reach out to me at [email protected] with any tips or feedback and follow me on X at @AvalonZoppo.
Binding Dicta?
Earlier this year, Ninth Circuit Judge Lawrence VanDyke was scheduled to give a talk at Berkeley Law School about one of that court’s “stranger and more controversial rules,” as the event summary described it.
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