Attorney(s) appearing for the Case
Stephen Yagman, Special Prosecutor for State of Idaho, on the brief and argued, Marion R. Yagman, Special Deputy Prosecutor, Joseph Reichmann, Special Deputy Prosecutor, Kathryn S. Bloomfield, Special Deputy Prosecutor, on the brief, Venice Beach California, and Ramsey Clark, Special Deputy Prosecutor, New York, New York, argued, the cause for the plaintiff-appellant.
Adam S. Hoffinger, Earl J. Silbert, Piper & Marbury, L.L.P., Washington, D.C., argued the cause for the defendant-appellee.
Seth Waxman, Acting United States Solicitor General, of the United States, United States Department, of Justice, Washington, D.C., argued the cause for Amicus Curiae, United States of America, on behalf of the defendant-appellee.
George Culvahouse, O'Melveny & Myers, Washington, D.C., Griffin B. Bell, Benjamin Civiletti, William Barr, and William Webster, as amici curiae for defendant-appellee.
Before: MARY M. SCHROEDER, Chief Judge, and PROCTER HUG, JR., ALEX KOZINSKI, PAMELA ANN RYMER, ANDREW J. KLEINFELD, MICHAEL DALY HAWKINS, SIDNEY R. THOMAS, BARRY G. SILVERMAN, SUSAN P. GRABER, WILLIAM A. FLETCHER and RICHARD A. PAEZ, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
Opinion by Judge KOZINSKI; Partial Concurrence and Partial Dissent by Judge WILLIAM A. FLETCHER; Dissent by Judge MICHAEL DALY HAWKINS.
KOZINSKI, Circuit Judge:
It was, in the words of Justice Kennedy, the genius of the Founding Fathers to "split the atom of sovereignty." U.S. Term Limits, Inc. v. Thornton, 514 U.S. 779, 838, 115 S.Ct. 1842, 131 L.Ed.2d 881 (1995) (Kennedy, J., concurring). What this means in practical...
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