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The Latest Breaking News from Ninth Circuit

Short Circuit: A Roundup of Recent Federal Court Decisions

Pretextual stops, consular nonreviewability, COVID on cruise ships.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Padded cells, hidden cash, and official duties.

Reason

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

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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

Short Circuit: A Roundup of Recent Federal Court Decisions

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

Reason

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

Short Circuit: A Roundup of Recent Federal Court Decisions

Mean teachers, bad warrants, and merest coincidences.

Reason

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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

Short Circuit: A Roundup of Recent Federal Court Decisions

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

Reason

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

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

Short Circuit: A Roundup of Recent Federal Court Decisions

So no one got qualified (or absolute) immunity this week. No kidding.

Reason

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

Short Circuit: A Roundup of Recent Federal Court Decisions

Retaliatory investigations, reckless investigating, and a consultant's duty.

Reason

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Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Rare gems, neutral judges, and a blindsided referee.

Reason

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…

Reason

Ninth Circuit Panel Sends California "Assault Weapons" Ban Challenge Back to District Court,

so the District Court can reconsider it in light of the Supreme Court's new Bruen precedent.

The Conversation

Why the Supreme Court's football decision is a game-changer on school prayer

The U.S. Supreme Court has consistently banned school-sponsored prayer in public schools. At the same time, lower courts have generally forbidden public school employees from openly praying in the workplace, even if no students are involved.

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Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Boycotts, open fields, and a weekend in jail.

Reason

Accessing Google Drive, Using Inadvertently Revealed Long URL, Can Violate Computer Fraud & Abuse Act

So holds a federal district court, in a dispute arising from the school policy wars.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Fragile vessels, unlawful encouragement, and an unchastened district attorney.

Ballotpedia

Union Station: Ninth Circuit panel says California can deduct union dues from state Medicaid payments to home care providers

On June 8, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit affirmed two district court decisions dismissing challenges to California’s deduction of union dues from Medicaid payments to home care providers. The panel issued a single opinion after consolidating the two appeals.

Ballotpedia

Ninth Circuit greenlights Arizona challenge to federal tax mandate (2022)

A three-judge panel of the United States Court of Appeals for the Ninth Circuit on May 19, 2022, ruled 3-0 that Arizona Attorney General Mark Brnovich (R) has standing to challenge the constitutionality of the federal tax mandate under the American Rescue Plan Act..

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Rubber stamps, pole cameras, and personal vendettas.

Tribune News Service

Commentary: The new court’s absurd inhumanity: To preserve procedure, an innocent man must die

There has been a lot of attention paid, rightly, to the leaked opinion showing that the U.S. Supreme Court is poised to overturn Roe v. Wade. But another opinion, both cruel and absurd, issued by the Republican supermajority deserves attention, as well.

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