Appeals court deals blow to Drakes Bay Oyster Co.
". . . In a 2-1 decision, the Ninth U.S. Circuit Court of Appeals in San Francisco rejected arguments by Drakes Bay Oyster Co. that the Interior Department had relied on distorted scientific evidence and exceeded its powers when it refused to extend or renew the company's 40-year lease in November."
I was hoping that their record of being overturned would possibly reverse the ruling but this exchange makes me doubt it will happen.
"Two weeks ago, a panel of Ninth Circuit judges held oral argument at UC Berkeley School of Law. In a Q&A session following the oral argument, the three Judges (Noonan, Thomas, and Bybee) were asked to comment on the Ninth Circuit's reversal rate at the Supreme Court. Boalt student Patrick Bageant was there, and he blogged the exchange over at Nuts & Boalts as follows:
Judge Noonan: "Typical numbers are 20 out of the 16 thousand cases that come before this court. Who is worrying? It's like being struck by lightning."
Judge Thomas: "Well, in that case I've been struck by lightning a time or two."
Judge Thomas: "It's largely a media myth. But you just take the reputation, like Dennis Rodman."
Judge Bybee: "We're the Dennis Rodman???"
Judge Thomas: "Yeah, we're like the bad boys of the federal circuit.""