Contact: Ellen Marks, California Brain Tumor Association
Ninth Circuit Court Judge Friedland's Conflict of Interest
On September 13 the Ninth Circuit Court of Appeals and the CTIA- Wireless Association's appeal in their lawsuit against the City of Berkeley's Cell Phone Right to Know ordinance which was implemented in March, 2016. A decision has not yet been rendered.
Video of hearing below.
The three presiding judges of the Ninth Circuit Court of Appeals were Judge William Fletcher, Judge Morgan Christen and Judge Michelle Friedland. The potential conflict of interest rests with Judge Michelle Friedland.
Friedland's husband's career included design engineering in the wireless telecommunication industry with Cisco Systems, a member of the CTIA- wireless association
This case has high visibility on the basis of constitutionality of the law and because the CTIA is represented by Theodore Olson, past Solicitor General for George W. Bush. The City of Berkeley is defended pro bono by Harvard Constitutional Law Professor Lawrence Lessig. Lessig is also a past United States presidential candidate.
The outcome of this case is much anticipated as many cities and states are awaiting this critical ruling as they plan to enact their own versions of Berkeley's cell phone right to know label.
California Attorney General Harris's office submitted an Amicus Brief in support of Berkeley with concerns that a ruling against Berkeley's ordinance may harm other important disclosures protecting the welfare of California citizens.
During the hearing Judge Michelle Friedland seemed to have an unfavorable opinion regarding the City of Berkeley's position giving consumers the right to know. This predisposed bias was present in the form of questions and statements made by the judge.The case before the federal Court of Appeals is CTIA-The Wireless Association v. City of Berkeley et al., case number 16-15141.
In past years Friedland also submitted an amicus brief supporting the work of Theodore Olson in regard to prop 8 (same sex marriage).
Link to the hearing: https://www.youtube.com/watch