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
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