Patricia Hart v. Larry G. Massanari, Acting Commissioner of Social Security Administration

Appellant’s opening brief cites Rice v. Chater, No. 95-35604, 1996 WL 583605 (9th Cir. Oct.9, 1996). Rice is an unpub lished disposition, not reported in the Federal Reporter except as a one-line entry in a long table of cases. See Decisions Without Published Opinions, 98 F.3d 1345 , 1346 tbl. (9th Cir.1996). The full text of the disposition can be obtained from our clerk’s office, and is available on Westlaw® and LEXIS®. However, it is marked with the following notice: “This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3.” Our local rules are to the same effect: “Unpublished dispositions and orders of this Court are not binding precedent ... [and generally] may not be cited to or by the courts of this circuit .... ” 9th Cir. R. 36-3.

We ordered counsel to show cause as to why he should not be disciplined for violating Ninth Circuit Rule 36-3. Counsel responds by arguing that Rule 36-3 may be unconstitutional. He relies on the Eighth Circuit’s opinion in Anastasoff v. United States, 223 F.3d 898 , vacated as moot on reh’g en banc, 235 F.3d 1054 (8th Cir.2000). Anastasoff, while vacated,…