Unpublished Opinions

Law.com has a nice column from Howard Bashman (of How Appealing fame) on citation to non-published opinions. The piece discusses proposed Federal Rule of Appellate Procedure 32.1, which would require all federal circuit courts to allow citation of unpublished opinions issued after January 1, 2007. Bashman urges SCOTUS-which must approve all proposed federal rule changes that come out of the Judicial Conference- to remove the post-2007 opinion limitation before the proposed rule is sent to Congress in May.