The Latest Breaking News from Ninth Circuit

A Ninth Circuit opinion concludes that when a federal agency seeks a voluntary remand of a contested rule, that is not enough to vacate the regulation.

From B.L. v. Fetherman, decided last Wednesday by Magistrate Judge Jessica Allen (D.N.J.): This case arises out of Plaintiffs' legal challenge to portions of Mountain Lakes School District's ("MLSD") public-school curriculum on the basis that it is discriminatory against white students…. [A]ccording to Plaintiffs, Defendants have unlawfully discriminated against [B.L.'s…

From yesterday's Ninth Circuit decision in U.S. v. Knight, by District Judge Robert Lasnik (W.D. Wash.), joined by Judges Sidney Thomas and Mark Bennett: In July 2019, two stores were robbed in Sparks, Nevada. After a six-day trial, Knight was convicted of the robberies and sentenced to 169 months' imprisonment…

Sikh Marines, MAGA hats, and racist memes.

The law bans doctors from providing "treatment or advice" "to a patient" "related to COVID-19" when that treatment or advice includes (1) "false information" (2) "that is contradicted by contemporary scientific consensus" (3) "contrary to the standard of care." The law regulates only speech to patients, not to the public…

A defendant had argued that she could allow Black Lives Matters posters but forbid MAGA hats on the theory that, "While the Black Lives Matter poster is a symbol of cultural acceptance and inclusivity ... Mr. Dodge's MAGA hat is a symbol commonly associated with white supremacy and other anti-immigrant…

“Students ... remain free to express offensive and other unpopular viewpoints [at least outside school], but that does not include a license to disseminate severely harassing invective targeted at particular classmates in a manner that is readily and foreseeably transmissible to those students.”

Feather bans, tent curtilage, and youngsters and their sweets.

Shunt sabotage, shooting up a tailor's, and the credible threat of prosecution.