Developments and Practice Notes

Constitutionality of "No-Citation" Rules

Authors
  • Salem M. Katsh
  • Alex V. Chachkes

Abstract

No-citation rules raise serious constitutional concerns. Assuming that it is constitutional to designate an opinion as nonprecedential, it is not constitutional to prohibit citing an opinion. No-citation rules are unconstitutional for two reasons. The first, citation prohibitions interfere with a litigant’s First Amendment right of speech and petition. Second, citation prohibitions violate the separation of powers.

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Published on
31 Mar 2001