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The Latest Breaking News from The Ninth Circuit

The Case Against Deferring to Presidential Invocations of the Insurrection Act

Prof. Josh Braver questions the conventional wisdom on this issue.

Reason

Religious Employment and Title VII: Part 3—Resolving an Enduring Circuit Split

A textualist reading of the Title VII religious employer exemption resolves a long-running circuit split.

Reason

Second Amendment Roundup: Important Wolford Brief Addresses Bruen Methodology

Prof. Alicea explains the proper way to apply Bruen.

Reason

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Second Amendment Roundup: Hawaii Sticks to Its Black Code Precedent

Its Amici in Wolford v. Lopez abandon the embarrassing “analogue.”

Reason

Ninth Circuit Suspends Injunction Blocking California Policy Limiting Teachers' Disclosure to Parents of Student's Changed Gender Identity

A short excerpt from the Ninth Circuit's order yesterday in Mirabelli v. Bonta (Chief Judge Mary Murguia, joined by Judges… The post Ninth Circuit Suspends Injunction Blocking California Policy Limiting Teachers' Disclosure to Parents of Student's Changed Gender Identity appeared first on Reason.com.

Reason

California's Ban on Openly Carrying Guns Is Unconstitutional, 9th Circuit Says

The ruling, which emphasizes the lack of historical support for such a law, is unlikely to survive en banc review.

Reason

Presence of Probable Cause Precludes Claim That Immigration Arrest Was Retaliation for First-Amendment-Protected Speech

So concludes a federal district in Louisiana, disagreeing with a Ninth Circuit panel.

Reason

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No Trademark Infringement Liability Based on Use of a Political Slogan ("Proven Problem Solver")

From Judge André Birotte (C.D. Cal.) in Cloobeck v. Villaraigosa, decided Dec. 8 but just posted on Westlaw: This action… The post No Trademark Infringement Liability Based on Use of a Political Slogan ("Proven Problem Solver") appeared first on Reason.com.

Reason

New York Attorney General Forum Shops Case Against CFPB to Judge Aiken in Eugene Division of District of Oregon

AG James had a 100% chance of drawing a Democratic appointee, and drew a judge that the Ninth Circuit had to repeatedly reverse.

Reason

Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

Forbidden vehicle pursuits, forbidden hand-washing pics, and Epic injunctions.

Reason

Is the Fourth Circuit the New Ninth?

Could today's summary reversal be a sign of things to come?

Reason

Second Amendment Roundup: In Wolford, Hawaii relies on the Black Codes

Improper analogue to support ban on arms on private property open to the public.

Reason

Judge Bumatay on Originalism, Stare Decisis, and the Party Presentation Rule

"When should circuit judges overturn their own non-originalist precedents? Spoiler alert—the answer is 'always.'"

Reason

CodePink Social Media Posts with Inverted Red Triangle Urging Protest Outside Synagogue Could Be Punishable Threats of Violence

From Helmann v. Codepink Women for Peace, decided June 13 by Judge Stephen Wilson (C.D. Cal.), but just posted on… The post CodePink Social Media Posts with Inverted Red Triangle Urging Protest Outside Synagogue Could Be Punishable Threats of Violence appeared first on Reason.com.

Reason

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Deference Due? Trump, the National Guard, and the Misuse of Martin v. Mott

A guest post by Joshua Braver and John Dehn.

Reason

Forum Shopping in the First Circuit

An interesting Reuters report on the new locus of lawsuits challenging the Trump Administration.

Reason

N.Y. Federal Court Upholds "Algorithmic Pricing Disclosure Act"

From Nat'l Retail Fed'n v. James, decided yesterday by Judge Jed Rakoff (S.D.N.Y.): [T]he Algorithmic Pricing Disclosure Act … provides… The post N.Y. Federal Court Upholds "Algorithmic Pricing Disclosure Act" appeared first on Reason.com.

Android Central

US Supreme Court Upholds Google Play Store Changes Amid Ongoing Epic Games Lawsuit

Google's plea for a "pause" in certain orders from the U.S. Supreme Court about its anti-competitive Play Store practices was denied.

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Reason

Second Amendment Roundup: Supreme Court grants cert in Wolford v. Lopez

Hawaii law bans firearms on private property open to the public without explicit permission.

Reason

Oregon Court Strikes Down Trump's Federalization of National Guard

Judge Immergut's opinion is worth a look, not least because she was a Trump appointee with strong Republican credentials

Reason

The Ninth Circuit Appoints Berkeley Law Dean Erwin Chemerinsky to Defend a Police Officer's Excessive Force Conviction …

... and also allows victim's attorney Caree Harper and me to defend the conviction.

Reason

The Justice Department's Dubious Attempt to Erase a Police Officer's Federal Excessive Force Conviction

I've teamed up with well-regarded civil rights lawyer, Caree Harper, to fight the Department's effort to vacate L.A. Sheriff's Department Officer Trevor Kirk's conviction.

Android Central

Google is scrambling for an emergency hold after Epic’s court victory

Google’s antitrust loss to Epic is about to pack the Android app store with a wave of new competition.

Reason

Appeals Court Rules Trump's Birthright Citizenship Order is Unconstitutional and Upholds Nationwide Injunction Against it

The court ruled that a nationwide injunction is the only way to provide complete relief to the state government plaintiffs in the case.

Reason

Mark Graber on the History and Original Meaning of the Militia Act of 1903

Graber shows that the act used by Trump to federalize the California National Guard does not allow the president to take this step in response to low-level violence and disorder.

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