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June 13, 2014

Not Liberal, Just Incorrect

The Ninth Circuit fumbles again and again.

The Ninth Circuit Court of Appeals is not just the most liberal federal court – it may be the most incorrect. Of the 11 most recent rulings that went from the Ninth Circuit to the Supreme Court, 10 decisions were reversed by the high court with both sides of the bench supporting the reversals. The Wall Street Journal reports, “The latest reversal came Thursday in Pom Wonderful v. Coca Cola, with an 8-0 ruling that the Ninth Circuit erred in accepting Coca-Cola’s argument that federal regulations precluded Pom’s claim it was harmed when Coke labeled a drink to highlight the presence of pomegranate juice. The ruling was ‘incorrect,’ Justice Anthony Kennedy wrote of the Ninth Circuit. ‘There is no statutory text or established interpretive principle to support’ the appellate court’s contention. ‘Quite to the contrary.’” Members of the Ninth should re-read the Constitution. If they don’t have one, we’ve got a few copies. More…

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