quasi in rem

Thursday, February 19, 2004

The New Blog Circuit?

This debate over the the Ninth Amemdment, and the very high quality of the comment spurred me to think that maybe the Blogosphere should get it's own Circuit Court of Appeal.

Sure the Blog Circuit would be largely advisory in nature and its decision non-binding, but hey, how does that differentiate it from the Ninth?

The Blog Circuit would serve as a layer between the appellate court system and the Supreme Court.

The best thing about the Circuit is, thanks to google, there would be no such thing as an unpublished opinion!

Of course there is ample evidence to suggest this system already exists. Sitemeter reports rife with supremecourt.gov hits indicating that the clerks are reading the blogs during their lunch breaks as opposed to those pesky amicus briefs which sit as coasters collecting coffe rings on their cluttered desks. (Does the blogosphere eliminate the amicus brief? Answer this question: If you had a case peding before the Supreme Court which would you rather have: An amicus brief on your behalf from some local D.C. foundation or several posts in favor of your position on Bashman and Instapundit? I would prefer the latter.)

If the blogosphere did have its own Circuit who would you nominate to be on it?

Just of the top of my head I think I might go with:

Eugene Volokh
Howard Bashman
Glenn Reynolds
Lawrence Lessig
Lawrence Solum
Professor Bainbridge

Any other suggestions?


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