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Examples

  • After all, as Judge O'Scannlain pointed out in his dissent, courts "have only the slimmest authority even to review the exercise of prosecutorial discretion."

    David Leopold: Are the Courts Fed Up With America's Badly Broken Immigration Laws? David Leopold 2012

  • In a strongly worded dissent from the Ninth Circuit's decision not to rehear the case en banc, Judge Diarmuid O'Scannlain, joined by seven other judges, said this didn't remotely qualify as a problematic state action advancing religion.

    School Choice on Trial 2010

  • The brief order was signed by the three 9th Circuit judges hearing emergency motions this month: Diarmuid F. O'Scannlain and Stephen S. Trott, who were appointed by President Ronald Reagan, and William A. Fletcher, an appointee of President Bill Clinton.

    'Don't Ask, Don't Tell' Temporarily Upheld By Appeals Court AP 2010

  • The brief order was signed by the three 9th Circuit judges hearing emergency motions this month: Diarmuid F. O'Scannlain and Stephen S. Trott, who were appointed by President Ronald Reagan, and William A. Fletcher, an appointee of President Bill Clinton.

    'Don't Ask, Don't Tell' Temporarily Upheld By Appeals Court AP 2010

  • "The public interest in enduring orderly change of this magnitude in the military – if that is what is to happen – strongly militates in favor of a stay," Judges Diarmuid F. O'Scannlain and Stephen S. Trott wrote in their majority order.

    'Don't Ask, Don't Tell' Extended Indefinitely By Federal Appeals Court AP 2010

  • After all, as Judge O'Scannlain pointed out in his dissent, courts "have only the slimmest authority even to review the exercise of prosecutorial discretion."

    David Leopold: Are the Courts Fed Up With America's Badly Broken Immigration Laws? David Leopold 2012

  • Three employees, two of whom had worked at World Vision for 10 years, were fired in 2006 because they did not believe in the divinity of Jesus or the doctrine of the Trinity, O'Scannlain wrote.

    World Vision, Christian Humanitarian Organization, Wins Right To Hire, Fire Based On Religion 2010

  • And Judges Kleinfeld, Kozinski and O'Scannlain went so far as to write that "[t] he Kamehameha Schools are admirable in many ways, and there are good historical and social reasons why reasonable people might want to follow just such [an admissions] policy."

    Balkinization 2007

  • Phillips' ruling "imposed a wholly novel view of constitutional liberty on the entire United States" and was an example of judges who "sacrifice the rule of law to find rights they favor," O'Scannlain said.

    SFGate: Don Asmussen: Bad Reporter begelko@sfchronicle.com (Bob Egelko 2011

  • In a separate opinion, Judge Diarmuid O'Scannlain agreed the case was moot but said he would have voted to uphold the law.

    SFGate: Don Asmussen: Bad Reporter begelko@sfchronicle.com (Bob Egelko 2011

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