In the Washington Post, Scott Wilson writes an in-depth profile of Justice Leondra Kruger, a leading candidate to fill the impending U.S. Supreme Court vacancy. (I’m quoted in the article. Also, At The Lectern is called a “highly respected blog”!)
The profile mentions one of several instances when Justice Kruger, after first joining the California Supreme Court, declined to vote to rehear a case that had been decided before she was sworn in. The non-actions illustrate a certain caution by Kruger in exercising judicial power. Tellingly, the case discussed in the article did not remain law for long — the Legislature subsequently in effect reversed the decision that she had voted not to rehear. It’s uncertain whether she agrees with the statutory change as a matter of policy, but it’s most likely she approves of the manner in which the policy shift was accomplished, i.e., by the legislative branch instead of by the court in reversing a decision on rehearing.
Related:
Last “transition” rehearing petition denied with no votes from the new justices
Another rehearing petition fails by one vote
Rehearing denied in sex offender residency restriction case
