Yovino v. Rizo
586 U.S. 181
SCOTUS2019Background
- Aileen Rizo sued Fresno County Superintendent Jim Yovino alleging violations of the Equal Pay Act; the case reached the Ninth Circuit en banc after interlocutory review.
- Judge Stephen Reinhardt of the Ninth Circuit died on March 29, 2018, prior to the court’s en banc opinions being filed on April 9, 2018.
- The Ninth Circuit’s en banc opinion was authored by Judge Reinhardt and included a footnote stating he had fully participated and that voting was completed prior to his death.
- Counting Judge Reinhardt’s vote produced a majority opinion that overruled or changed prior Ninth Circuit precedent (notably Kouba) on the Equal Pay Act issue.
- The other five living en banc judges concurred in the judgment but for different reasons, and without Reinhardt’s vote the attributed opinion lacked a majority of living judges at issuance.
- The Supreme Court granted certiorari to decide whether a federal court may count the vote of a judge who died before the decision was issued.
Issues
| Issue | Rizo's Argument | Yovino's Argument | Held |
|---|---|---|---|
| May a federal court count the vote/opinion of a judge who died before a decision was filed? | Reinhardt fully participated before death; votes/opinions were finalized and thus should count | A judge who is not a judge at the time of filing cannot participate; posthumous votes may not be counted | No. A judge who is no longer a judge when an opinion is filed cannot be counted; Ninth Circuit erred and judgment vacated |
Key Cases Cited
- Kouba v. Allstate Ins. Co., 691 F.2d 873 (9th Cir. 1982) (prior Ninth Circuit precedent the en banc panel addressed)
- United States v. American-Foreign S. S. Corp., 363 U.S. 685 (1960) (holding a judge not in active service may not participate in a decision)
- Naruto v. Slater, 888 F.3d 418 (9th Cir. 2018) (discussing that only en banc or Supreme Court can overrule circuit precedent)
- United States v. Caperna, 251 F.3d 827 (9th Cir. 2001) (describing precedential effect of a majority opinion)
- Nguyen v. United States, 539 U.S. 69 (2003) (settled law permitting a quorum to proceed when a panel member dies)