The Latest Breaking News from Ninth Circuit

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.

Hauling timber, planting drugs, and barring bologna.

Torture, restraint chairs, public cavity searches, and the secret to eternal youth.

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 ……

Mean teachers, bad warrants, and merest coincidences.

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.

Burning crosses, incurable violence, and filming in national parks.

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.…

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…