Beauty Pageants Have First Amendment Right to Limit Contestants to "Natural Born Females" So holds the Ninth Circuit; Hamilton plays a major role. Reason · Nov 2, 2022
Short Circuit: A Roundup of Recent Federal Court Decisions Chalking tires, curbing meters, and secretly recording videos. Reason · Oct 28, 2022
Bikini Barista Ban Violates Equal Protection Clause by Intentionally Discriminating Against Women Baristas So Judge Ricardo Martinez ruled last week in Edge v. City of Everett (W.D. Wash.): The Dress Code Ordinance requires all employees, owners, and operators of "Quick-Service Facilities" to wear clothing that covers "the upper and lower body (breast/pectorals, stomach, back below the shoulder blades, buttocks, top three inches of… Reason · Oct 26, 2022
Ninth Circuit Confirms that District Courts Can Enforce Expansive Restitution Agreements The general federal restitution statute grants statutory authority to district courts to award restitution to crime victims to the extent provided in a plea agreement. Reason · Oct 25, 2022
Ninth Circuit Refuses to Quash Jan. 6 Committee Subpoena for Kelli Ward's Cell Phone Records A Ninth Circut panel split 2-1 over whether First Amendment concerns should prevent congressional investigatos from obtaining cell records for Arizona's Republican Party Chair. Reason · Oct 23, 2022
Ninth Circuit Partly Affirms and Partly Reverses Judgment for Planned Parenthood Over Secret Recordings "Journalism and investigative reporting have long served a critical role in our society. But journalism and investigative reporting do not require illegal conduct." Reason · Oct 21, 2022
Short Circuit: A Roundup of Recent Federal Court Decisions Retaliatory pepper spray, excessive damages awards, and the power of the purse. Reason · Oct 21, 2022
Ninth Circuit Reverses "Provisional" Sealing of Appellate Brief in Interesting Free Speech Case Appellate briefs need to be treated as public documents, and (I argued) shouldn't be "provisionally" sealed for months or years without findings that such sealing (or, more often, redaction) is genuinely necessary. Reason · Oct 21, 2022
Short Circuit: A Roundup of Recent Federal Court Decisions Hauling timber, planting drugs, and barring bologna. Reason · Oct 14, 2022
Short Circuit: A Roundup of Recent Federal Court Decisions Pretextual stops, consular nonreviewability, COVID on cruise ships. Reason · Oct 7, 2022
Short Circuit: A Roundup of Recent Federal Court Decisions Padded cells, hidden cash, and official duties. Reason · Sep 30, 2022
Union Station: U.S. Supreme Court begins 2022-2023 term with seven petitions to review public-sector union cases The Supreme Court’s next term will begin on Monday, Oct. 3. As of Sept. 29, appellants had filed seven petitions for writs of certiorari—requests for the Supreme Court to review a lower court’s ruling—in public-sector union cases we’re tracking. The Supreme Court began considering petitions for this term on Wednesday,… Ballotpedia · Sep 30, 2022
Union Station: Appellate courts issue rulings in three public-sector union lawsuits Two three-judge appellate panels, one from the U.S. Court of Appeals for the Fourth Circuit and one from the U.S. Court of Appeals for the Ninth Circuit, issued rulings in three lawsuits involving public-sector union fees or dues in the past week. Ballotpedia · Sep 23, 2022
Short Circuit: A Roundup of Recent Federal Court Decisions Torture, restraint chairs, public cavity searches, and the secret to eternal youth. Reason · Sep 9, 2022
Reason · Sep 5, 2022 Malicious Prosecution Claim Against DHS Agents Can Go Forward From Myles v. U.S., decided Friday by the Ninth Circuit (Judge Marsha Berzon, joined by Judge Carlos Bea and District Judge Richard Bennett), here is the court's summary of the procedural history and of plaintiff's allegations: After she was discharged from her position as an Immigration and Customs Enforcement ……
Reason · Sep 2, 2022 Short Circuit: A Roundup of Recent Federal Court Decisions Mean teachers, bad warrants, and merest coincidences.
Reason · Aug 30, 2022 San Jose Unified School District Likely Discriminated Against Fellowship of Christian Athletes, Based on … the FCA's requirement that leaders "abide by a Statement of Faith, which includes the belief that sexual relations should be limited within the context of a marriage between a man and a woman" -- so holds a Ninth Circuit's panel.
Reason · Aug 26, 2022 Short Circuit: A Roundup of Recent Federal Court Decisions Burning crosses, incurable violence, and filming in national parks.
Reason · Aug 19, 2022 Ninth Circuit Sends the Hawaii Concealed Carry Challenge Back Down to District Court The en banc panel majority (seven judges) ordered today, in Young v. Hawaii: The Supreme Court vacated the judgment of this Court, 992 F.3d 765, and has remanded this case to us "for further consideration in light of New York State Rifle & Pistol Assn., Inc. v. Bruen, 597 U.S.…
Reason · Aug 2, 2022 Prof. John Harrison: Remand Without Vacatur Assumes that Unlawful Regulations Bind Until Courts Act I'm delighted to report that Prof. John Harrison (University of Virginia) will be guest-blogging this week on the subject of Administrative Procedure Act remedies, and specifically the putative remedy of "remand without vacatur." APA remedies is a huge and recurring question, and it has new urgency after the Supreme Court's…
Reason · Jul 22, 2022 Short Circuit: A Roundup of Recent Federal Court Decisions So no one got qualified (or absolute) immunity this week. No kidding.
Reason · Jul 18, 2022 Second Amendment Rights of People Briefly Hospitalized for Mental Health Reasons Long Ago? From Judge Dale Drozd's opinion in Clifton v. U.S. DOJ (E.D. Cal.), filed Friday: In 2001, plaintiff was in eighth grade at Mt. Vernon Middle School in Los Angeles, California. He was thirteen years old at the time. Because plaintiff's mother had passed away and he never knew his father,…
Reason · Jul 8, 2022 Short Circuit: A Roundup of Recent Federal Court Decisions Retaliatory investigations, reckless investigating, and a consultant's duty.
Reason · Jul 1, 2022 Short Circuit: A Roundup of Recent Federal Court Decisions Rare gems, neutral judges, and a blindsided referee.
Reason · Jun 29, 2022 Update on the Ninth Circuit's Rosenow Case—Plus a New Model Brief, and Other Litigation I have written before about the Ninth Circuit's troubling April ruling in United States v. Rosenow, which held (among other things) that Internet preservation under 18 U.S.C. § 2703(f) is entirely outside the Fourth Amendment. "Internet preservation," for those who haven't followed the issue, is the process by which the…