Why Summary Reversals Are Not The Answer
Several months ago, Brandon Stracener wrote a post suggesting that the California Supreme Court (the “Court”) should use summary reversals instead of granting and transferring or depublishing erroneous Court of Appeal decisions. Citing the U.S. Supreme Court’s summary reversal procedure and the Ninth Circuit’s use of memorandum dispositions, Mr. Stracener claims that the use of summary reversals will improve efficiency and eliminate miscarriages of justice. Mr. Stracener’s goal is certainly commendable. Procedures that help the Court manage its workload should always be welcome, and errors, as a general principle, should be corrected whenever possible. But the Court is not the...
