Federal Judges Are Appointed for Life, Not For Eternity
In an interesting case out of the Ninth Circuit Court of Appeals, the U.S. Supreme Court issued an order that invalidated a Ninth Circuit decision authored by a Ninth Circuit judge who died before public release of the decision. The U.S. Supreme Court essentially rebuked the Ninth Circuit, vacating the Ninth Circuit's decisional order, concisely stating that: "Because Judge Reinhardt was no longer a judge at the time when the en banc decision in this case was filed, the Ninth Circuit erred in counting him as a member of the majority. That practice effectively allowed a deceased judge to exercise the judicial power of the United States after his death. But federal judges are appointed for life, not for eternity [emphasis added]." It reads like Justice Scalia could have penned the concluding sentence of the italicized portion of the quotation from the Supreme Court's order, so maybe the spirit can . . . ?
Here's a link to the Supreme Court's order: Yovino v. Rizo