Legal Opinion

State of Idaho v. Lon T. Horiuchi

Court of Appeals for the Ninth Circuit

Decided June 5, 2001No. 98-30149PublishedCited by 16 opinions

1Opinion of the Court

Opinion by Judge KOZINSKI; Partial Concurrence and Partial Dissent by Judge WILLIAM A. FLETCHER; Dissent by Judge MICHAEL DALY HAWKINS.

KOZINSKI, Circuit Judge:

It was, in the words of Justice Kennedy, the genius of the Founding Fathers to “split the atom of sovereignty.” U.S. Term Limits, Inc. v. Thornton, 514 U.S. 779, 838, 115 S.Ct. 1842, 131 L.Ed.2d 881 (1995) (Kennedy, J., concurring). What this means in practical terms is that, within the territory of every state, two sovereigns-the state government and the federal government-reign cheek to jowl. From the dawn of the Republic, this…

2Cases cited31 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  3. Tennessee v. GarnerSupreme Court of the United States · 1985
  4. Koon v. United StatesSupreme Court of the United States · 1996
  5. Kastigar v. United StatesSupreme Court of the United States · 1972

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3Cited by16 opinions

  1. State of Wyoming v. LivingstonCourt of Appeals for the Tenth Circuit · 2006
  2. Mason-Funk v. City of NeenahCourt of Appeals for the Seventh Circuit · 2018
  3. Hulstedt v. City of ScottsdaleDistrict Court, D. Arizona · 2012
  4. Idaho v. HoriuchiCourt of Appeals for the Ninth Circuit · 2001
  5. Colorado v. NordDistrict Court, D. Colorado · 2005

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