Moron Judge of the Day: Lawrence Karlton
Let’s start with a lawyer joke so transparent I’ll bet even Dianne Feinstein can understand it:
Q: What do you call a lawyer with an IQ of 50?
A: Your Honor.
Case in point: U.S. District Judge Lawrence Karlton has just handed Physician/Lawyer/Busybody Michael Newdow his sixteenth minute of fame by ruling that the Pledge of Allegiance is unconstitutional. It would have been bad enough if he had ruled that way on the merits, but instead he claims he had to rule that way because he was bound by the precedent of the 2002 Ninth Circuit ruling. Apparently, Mr. Karlton missed the part about the U.S. Supreme Court having any power to overrule such precedents.
UPDATE: Flap, Ben Pugh, Mayor Sam, Stop the ACLU, Clayton Cramer, California Conservative, the Jawa, Michelle Malkin and the Mafia have more. The Puppyblender smells a ratRove, while James at OTB thinks the legally illiterate moron involved is the Ass. Press, not the judge.
UPDATE x2: The text of the ruling is here (h/t: Ankle Biting Pundits). Apparently, the judge relies on the 2002 case having been reversed merely for lack of “prudential standing,” and not for failure to satisfy standing under Article III of the Constitution. I’m not sure why that should matter - either a court has jurisdiction to hear a case or it doesn’t, and either the Supremes think the federal courts should stay their hands or they don’t - but Karlton alleges that American Iron and Steel Institute v. Occuptational Safety and Health Admin., 182 F. 3d 1261, 1274 (11th Cir. 1999) allows cases to be binding despite lacking prudential standing only. I haven’t read the case yet so can’t comment at this time. Will do so later.
UPDATE x3: OK, I’ve read it, but I rather doubt Judge Karlton has. American Iron does indeed show some flexibility as to when the prudential standing requirement should be applied or relaxed by any given court, but it provides no authority at all for his view that once the doctrine has been invoked, a lower court ruling retains precedential value after being reversed on that basis. As best I can determine, the notion that a case can ever retain its precedential value as to other parties while lacking them as to the parties themselves is a brand new concept of precedent, which Judge Karlton appears to have created in a drunken stupor. Here’s hoping that the concept of a stupor-precedent doesn’t spread beyond this individual judge’s chambers. The last thing we need is for Arlen Specter to badger Justice O’Connor’s replacement over that.
UPDATE x4: Patterico, Howard Bashman and Eugene Volokh have more.
September 14th, 2005 at 12:50 pm
[...] XRLQ has it right, Moron Judge of the Day: Lawrence Karlton [...]
September 14th, 2005 at 1:53 pm
Eh? I thought the Supreme Court ruled that Newdow had lacked standing to sue, and dismissed the case on those grounds without ruling on the merits of the suit.
If that’s the case, then why isn’t the 9th circuit’s decision on the merits still binding on the district courts? Is the argument that when the SCOTUS dismissed the suit for lack of standing, the entire case was (in effect) erased, and the appeals court decision no longer had the status of precedent because they shouldn’t have ruled on the merits in the first place?
September 14th, 2005 at 2:01 pm
That is correct. The standing doctrine is a constitutional requirement under Article III, which limits the potential jurisdictional reach of all federal courts (or, more specifically, all federal courts created under Article III, but that’s another thread). By ruling that Newdow lacked standing, the Supremes ruled that there was no “case or controversy” any federal court had jurisdiction to hear. Thus, its effect is to to reverse the Ninth Circuit’s ruling on the standing issue itself, and to vacate the rest.
September 14th, 2005 at 2:07 pm
[...] Also blogging: Instapundit jokes, “Karl Rove must have arranged this” AnkleBiting Pundits: Judge Karlton is a Carter appointee SisterToldjah, notes “Score one for the Newdow crowd” LaShawn Barber suggests: “Homeschool your children!” Howie at MyPetJawa: “Frisco,” indeed. StopTheACLU: We say, now more than ever AllThingsConservative examines Judge Karlton ConservativeThinking quips, “Only in San Francisco…” Sadly. Ace of Spades weighs in Our friend, Mayor Sam Yorty Xrlq rules on Karlton: “Moron Judge of the day” FullosseousFlap (with a great pic) Outside The Beltway Ed Driscoll [...]
September 14th, 2005 at 3:41 pm
[...] XRLQ has it right, Moron Judge of the Day: Lawrence Karlton [...]
September 14th, 2005 at 5:13 pm
One judge declares Pledge unconstitutional
“U.S. District Judge Lawrence Karlton ruled that the pledge’s reference to one nation “under God” violates school children’s right to be ‘free from a coercive requirement to affirm God.’ The judge has granted legal standing to two families repre…
September 14th, 2005 at 8:55 pm
On the other hand, on a “principal-agent” reading of the judicial system, Karlton is behaving correctly; presumably, the 9th Circuit Court of Appeals would rule identically in this case as it did in Newdow, given the same fact pattern. And, given a few months, they will almost certainly do so.
September 14th, 2005 at 9:01 pm
I wouldn’t be so sure. If the panel actually adopts his concept of a stupor-precedent, then sure, they’ll rule just like him, 3-0. But if they don’t, I see no reason to assume the next randomly assigned three-judge panel will rule the same way as the last randomly assigned three-judge panel did (by a 2-1 margin IIRC).
September 14th, 2005 at 11:27 pm
[...] UPDATE: Xrlq says the same thing, but far more entertainingly (and in far fewer words): As best I can determine, the notion that a case can ever retain its precedential value as to other parties while lacking them as to the parties themselves is a brand new concept of precedent, which Judge Karlton appears to have created in a drunken stupor. Here’s hoping that the concept of a stupor-precedent doesn’t spread beyond this individual judge’s chambers. The last thing we need is for Arlen Specter to badger Justice O’Connor’s replacement over that. [...]
September 14th, 2005 at 11:28 pm
Well, the trackback says it too, but anyway — my post on this, far more comprehensive than comprehensible — is here:
http://patterico.com/2005/09/14/3584/lawrence-karlton-screws-up-big-time/
September 15th, 2005 at 5:34 am
[...] Non-local blog Xrlq: Q: What do you call a lawyer with an IQ of 50? A: Your Honor. [...]
September 15th, 2005 at 5:45 am
The link for Volokh goes to Bashman.
September 15th, 2005 at 10:07 am
Xrlq, this business about standing was the issue I zeroed in on as soon as I learned Karlton had relied on Newdow as precedent.
Glad to know I haven’t lost all of the brain cells I wasted on the pre-law courses I took as an under-grad. Heh.
September 15th, 2005 at 2:37 pm
this judge has made the dumbest ruling of all time this country was founded by religious people not by athiests if they want their own none religion they can go to cuba or russia
September 15th, 2005 at 5:20 pm
Bashman et al. on Newdow I’s precedential effect on the new Pledge case
Those who pay attention to such things are continually amazed at the energy and diligence of Howard Bashman, whose How Appealing blog is consistently a fabulous aggregation of up-to-the-minute links to important things legal. If I’m in the mood to blo…
September 15th, 2005 at 5:51 pm
Judge Lawrence Karlton is a disgrace to America! Idiots like him make law rather than interpret the law. I hope God has mercy on his sole.
September 15th, 2005 at 11:32 pm
[...] Yes, but — nowhere does the story highlight the central problem with yesterday’s ruling: the case that supposedly bound Judge Karlton . . . doesn’t. This point has been made by legal commentators as illustrious as Howard Bashman, Eugene Volokh, William Dyer, and Xrlq, as well as by some less illustrious — such as myself. [...]
September 17th, 2005 at 6:04 am
More idiotic rulings by idiot judges and i are these the type of judges the demacraps want? i,ll bet chapaquedic ted would approve of this nit wit
September 20th, 2005 at 4:08 pm
There is nothing that makes me madder than to see an alreadly too Godless of a country take a step backward with a stupid issue like this. I’m a Christian and totally support those two little words…heck, if those lines make you mad THEN JUST DON’T SAY THE PLEDGE. There is no need to take it to a federal level. Christians need to unite and stand firm for their beliefs because we are rapidly and depressingly becoming too small of a minority these days. Peace out, and Republicans rule!
September 22nd, 2005 at 8:19 pm
Apparently this so called Judge Karlton doesn’t have much to do during his work day and needs to resort to trying to destroy America and its roots. ALL of our Federal buildings (and I dare say Judge Kartlton’s office and Court building have a notice stating this country believes in God on its facade. Indeed what moron appointed this imbecile. He should immediately be removed from office!
November 9th, 2005 at 2:41 pm
Just recently found this website. Very amazed with your remarks on the moron. He is an old fart so what do you expect.He should be carried out of his bench and shipped to Iraq with suicidal bombs tied around his big belly to eliminate some insurgents ( of course himself ). For once he can be useful for this country & the country of Iraqis. Don’t believe he had so much time to waste on these issues & certainly don’t believe he would rule just to please 2 plaintiffs regardless of millions of Americans out there who spat and laught at the ruling as he is not only a moron he is also a stupid fart.But again if he was appointed by Carter? So what’s supprised?
October 11th, 2006 at 3:00 am
[...] The same individual has shown up at Xrlq’s site, TigerHawk, Retired Geezer’s blog, Murdoc Online, PoliPundit, The Nose on Your Face, Conservative Thinking, and The Conservative Mindcleaner — just to name a few. He has also appeared in various other incarnations at other blogs, always using a bird-related pseudonym. He is benny bird at WuzzaDem, and firebird at Cold Fury. Not only do these commenters share ornithological names and a . . . unique writing style, they all bear the same e-mail address. [...]