1990—President George H.W. Bush nominates New Hampshire supreme court justice David Hackett Souter to a seat on the First Circuit. In a tragic blunder, less than three months after Souter accepts his First Circuit appointment, President Bush nominates him to the Supreme Court vacancy resulting from Justice Brennan’s retirement. Deploying his full arsenal of clichés, Teddy Kennedy rails against Souter’s Supreme Court nomination. His efforts, alas, prove unsuccessful.
2020—Oops! When Judge Daniel P. Collins dissents from the Ninth Circuit’s refusal to rehear en banc a dispute (in United States v. Cooley) over the scope of an Indian tribe’s policing authority, panel members Judge Marsha Berzon and Judge Andrew Hurwitz stridently assert that Collins’s dissent is an “outlier” “[e]ven within the questionable genre of dissents from denial of hearing en banc” and that it “misrepresents the legal context of the case and wildly exaggerates the purported consequences of the panel opinion.”
Unfortunately for Berzon and Hurwitz, in June 2021 the Supreme Court will unanimously reverse their panel ruling and vindicate Collins