In what can be described only as a somewhat terse performance by its collective justices, the California Supreme Court has corrected a rather glaring error in its prior opinion in The Episcopal Church Cases, 45 Cal.4th 467 (2009). It has published a short per curiam (meaning: unsigned) order, which it says does not affect its earlier judgment. But since the order has no byline, and carries no explanation, its significance is easy to miss.
Those to my left have, as usual, jumped to totally unwarranted conclusions. Out of the three sentences used by the Court to describe what it was doing, they select only this one: “The [local churches’] petition for rehearing is denied.” Then they trumpet headlines like “California breakaway churches lose in court again”. What they ignore are these words: “Request for modification granted. . . The opinion is modified.” (Emphasis added.) If I were to read things as one-sidedly as they do, I could have titled this post: “California orthodox churches win in Supreme Court”; or (only slightly less outrageous) “Supreme Court concedes mistake in prior ruling in favor of ECUSA”. I have decided instead to reach two birds with just one cast, and call what has happened in both the Supreme Court and on liberal blogs “rushing to judgment”.
The result: more money will be spent in and out of court to control real estate for what?
Ditto #1. Unfortunately there are very few pragmatic attorneys.
As usual, excellent analysis by A.S. Haley.
The procedural error in the California Supreme Court’s original opinion is downright sloppy. It is also unseemly: not as bad as confusing an indictment with a conviction but still suggestive of injudicious haste to achieve a desired result.