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The Latest Breaking News from Ninth Circuit

Ninth Circuit Concludes Arizona Has Standing to Challenge Conditions on COVID Relief Funds

Language in the American Rescue Plan Act prohibits states from using the funds "directly or indirectly" to offset lost revenues from tax cuts.

Reason

Checks and Balances: Tennessee lawmakers end judicial deference

The Checks and Balances Letter delivers news and information from Ballotpedia’s Administrative State Project, including pivotal actions at the federal and state levels related to the separation of powers, due process, and the rule of law.

Ballotpedia

The Ninth Circuit's Stunner in Rosenow, and Thoughts on the Way Forward

A big problem in a small section, but one that can be corrected.

Reason

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Short Circuit: A Roundup of Recent Federal Court Decisions

Plasma, prisons, and political parties

Reason

Ninth Circuit Upholds Dismissal of Claim Alleging Unconstitutional Police Mishandling of Rape Accusations

Plaintiff had shown the police cell phone messages in which she “casually discussed the sexual activity that occurred the night of the alleged rape and agreed to meet [the person she was accusing] again for a future sexual encounter,” and “told the alleged assailant that she ‘could make him lose…

Reason

Ninth Circuit Upholds Dismissal of Arizona State's Trademark Lawsuit Over ASU_Covid.Parties Instagram Account

The account posted items such as (in mid-2020), "ASU: No More Social Distancing. No More Masks. It Is Time to Party!"

Reason

The Supreme Court's Olmstead Power Grab

Olmstead isn't just a wiretapping case; it's where the Court took the power to preselect questions.

Reason

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Short Circuit: A Roundup of Recent Federal Court Decisions

Prosecutor-induced perjury, a satirical arrest (and prosecution), and an unraised winning argument.

Reason

Ninth Circuit panel issues decisions in three public-sector union cases

On April 28, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued decisions in three cases we’re tracking related to public-sector union policy. In each case, the judges upheld the decision of the district court.

Ballotpedia

Short Circuit: A Roundup of Recent Federal Court Decisions

Neighbors from hell, unvaccinated prison staff, and unconscionable sentences.

Reason

Public Records Law vs. First Amendment Rights of University Animal Experiment Review Committee

From a preliminary injunction decision by Judge Richard Jones (W.D. Wash.) in Sullivan v. Univ. of Washington (with PETA as intervenors; earlier coverage here): The Institutional Animal Care and Use Committee ("IACUC") at the University of Washington monitors animal research conducted at the university. The committee "approves and monitors all…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Flea collars, bachelors, and data scraping.

Reason

SCOTUS is about to decide whether a public school football coach can pray on the field

The Supreme Court has consistently banned school-sponsored prayer in public K-12 schools, whether at the start of the school day, during graduation ceremonies or before football games. Under the Equal Access Act, the Supreme Court has affirmed that students may organize prayer and Bible study clubs during non-instructional hours. Even…

The Conversation

No Qualified Immunity as to Firing of Assistant Principal for Rant About Democratic National Convention

From Thompson v. Central Valley School Dist. No. 365, decided a month ago by Chief Judge Stanley Bastian (E.D. Wash.) (now on appeal to the Ninth Circuit): "[W]e … live in a time when a careless comment can ruin reputations and crater careers that have been built over a lifetime…

Reason

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Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Straight teeth, prurient firefighters, and Fresh American Beef.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Sidewalk chalk, invasive owls, and ostinato copyrights.

Reason

Arrest for Chalking "Fuck Pigs!" and "Fuck the Cops" May Be Unconstitutional Retaliation

The Ninth Circuit doesn't hold that the chalking ban is unconstitutional, but does conclude that Las Vegas arrests for chalking (as opposed to citations) may be so rare as to raise the inference that they were retaliation for the message.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Twitter's content moderation, LBJ's lies, and a judge's ruse.

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Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Spoiled food, thugs with badges, and strip searches in school.

Ballotpedia

Union Station: Ninth Circuit panel upholds California law prohibiting public employers from discouraging union membership or dues authorizations

On Feb. 7, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit upheld a California law prohibiting public employers from discouraging union membership or dues deduction authorizations.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Psilocybin, prayer oil, and net neutrality.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Say yes to the dress, respectful dissents, and kettling technique.

Reason

Will the En Banc 9th Circuit Extend the Second Amendment's Losing Streak to 51 Cases?

Not only did Judge VanDyke write a majority opinion, he wrote a draft fauxpinion reversing himself!

Reason

Shutdown of Gun Stores During Early COVID Months Violated Second Amendment

So holds a Ninth Circuit panel—with the authoring judge penning a hypothetical dissent, to illustrate his view that the Ninth Circuit's Second Amendment precedents are too malleable. From McDougall v. County of Ventura, today's opinion by Judge Lawrence Vandyke joined by Judge Ryan Nelson: "[T]he right of the people to…

Reason

No First Amendment Violation in Removal of Billboard After S.F. Mayor Had Criticized It

From Zhou v. Breed, decided Friday by the Ninth Circuit (Judges John Owens and Michelle Friedland, and visiting Sixth Circuit Judge Danny Boggs): Appellants allege that both [S.F. Mayor London] Breed and Clear Channel violated their First Amendment right to free speech. To the extent that Appellants argue that Breed,…

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