But 9th Appeals Circuit Ends Its Losing Streak : U.S. Justices Take Up 6 Bird Court Rulings, Overturn 5

The Supreme Court’s rulings in two key land use cases that expanded rights for property owners overturned decisions of the California Supreme Court under former Chief Justice Rose Bird. And they were not the only setbacks for the state bench in the term the high court completed last month.

The justices agreed to hear appeals from six decisions of the state Supreme Court and overturned five of them.

--In a land use case involving a Glendale church barred from rebuilding a camp site, the Bird court said that an aggrieved property owner could seek to have a strict regulation invalidated but could not seek compensation for his loss. The Supreme Court said the clear language of the Fifth Amendment’s provision for landowner rights demands “just compensation.”

--In the case of homeowners denied permission to rebuild beachfront homes unless they provided public access to their beach, the Bird court said the coastal commission does not have to show that there is a “direct relationship” between the developments and the beach access issue before demanding such a concession from an owner. The Supreme Court disagreed.

--In a death penalty case, the Bird court said a judge’s instruction to the jury to avoid “mere sympathy” in making its decision was unfair to the convicted killer. The Supreme Court disagreed, concluding that the judge’s instructions in their entirety told the jury to rely on the facts, not emotion.

--In an extradition case, the California court said a father who kidnaped his children from his ex-wife in Louisiana could be freed because he had won a custody order in California. The Supreme Court disagreed, saying that the extradition system requires him to present this evidence when he faces the charges in Louisiana.

--In a securities case, the Bird court agreed that a California broker could sue his employer for back commissions rather than taking the matter to arbitration. The Supreme Court disagreed, concluding that a federal securities law mandates arbitration of such a dispute.

--In a women’s rights case, the Bird court agreed that the Rotary International had no right to exclude women from its chapter in Duarte. In a unanimous decision, the Supreme Court agreed, saying that a state may prevent discrimination in private clubs with business ties.

The U.S. 9th Circuit Court of Appeals, whose jurisdiction includes California and the Western states, had a much better year. In 1984, the 9th Circuit had a losing string of 22 cases in a row in which its decisions were reviewed by the Supreme Court and overturned. But this year, in several of its most important civil rights cases, the Supreme Court endorsed rulings from the 9th Circuit.

--The appeals court ruled that a California law granting disability leave to pregnant women did not conflict with a federal anti-discrimination law. The Supreme Court agreed.

--The appeals court upheld a Santa Clara County affirmative action plan that resulted in a promotion for a woman over a more qualified man. The Supreme Court agreed, saying the lack of women in skilled jobs justified the county’s action.

--The appeals court said the U.S. government must grant asylum to a Nicaraguan woman who said she feared to return home. Disagreeing with a Reagan Administration appeal, the Supreme Court agreed, concluding that the woman need not produce hard evidence to substantiate her fears.

--The appeals court said Los Angeles International Airport officials may not ban all soliciting in the terminal. The Supreme Court agreed unanimously that this regulation was an unconstitutional restriction on free speech.