Washington v. Ryan

I join Judge Bybee’s dissent, but like him I take no pleasure in voting to dismiss Theodore Washington’s appeal. Dismissing the appeal because his lawyer' filed the notice one day late strikes me as a grave injustice in the circumstances of this case. We are nonetheless compelled to take that action because Bowles v. Russell, 551 U.S. 205, 127 S.Ct. 2360, 168 L.Ed.2d 96 (2007), held that the filing deadline for civil appeals is jurisdictional and thus not subject to equitable exceptions. Id. at 214, 127 S.Ct. 2360. I offer a few thoughts below as to why that holding is worth revisiting,…