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The Latest Breaking News from The Ninth Circuit

Expressive Discrimination: Universities' First Amendment Right to Affirmative Action — Part 4

The final post in my serial blogging on whether private universities can use a Boy Scouts expressive association theory to have race-based affirmative action.

Reason

There is Some Drama Brewing In San Francisco v. EPA

Today the Court decided one case, San Francisco v. EPA. As I predicted, the majority opinion was assigned to Justice Alito.… The post There is Some Drama Brewing In San Francisco v. EPA appeared first on Reason.com.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Private islands, signal fires, and a salmagundi of sadness.

Reason

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Divided Fourth Circuit Denies Partial Stay of Preliminary Injunction Against Executive Order Curtailing Birthright Citizenship

If nationwide injunctions were okay against other administrations, the Fourth Circuit see no reason they are not okay now.

Reason

One More First Amendment Case to Watch

Another First Amendment case that the Court will consider this Friday, but on the religion side, is Apache Stronghold v.… The post One More First Amendment Case to Watch appeared first on Reason.com.

Reason

Alien Tort Statute Liability for American Publisher Would Turn on Whether It Knew Author It Paid Was Hamas Hostage-Holder

From Judge Tiffany Cartwright (W.D. Wash.) in Friday's Jan v. People Media Project: Plaintiff Almog Meir Jan is an Israeli… The post Alien Tort Statute Liability for American Publisher Would Turn on Whether It Knew Author It Paid Was Hamas Hostage-Holder appeared first on Reason.com.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Crypto rules, false statements, and regulatory habitats.

Reason

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A Final(?) Attempt to Resurrect the Kids Climate Case

The Juliana plaintiffs are again seeking Supreme Court review of their case.

Reason

A Proposal To Create A New Article III Court of Immigration Review

"Creation of the COIR would also ensure a 'uniform rule' of immigration law as commanded by Article I of the U.S. Constitution."

Reason

Supreme Court DIGs Facebook

The first argued case to be decided is dismissed.

Reason

The Twentieth Anniversary of the Crime Victims' Rights Act

Twenty years ago to the day, the CVRA took effect ... changing the legal culture in federal criminal cases.

Reason

Judge delays order in antitrust case requiring Google to open up its app store

A federal judge on Friday delayed an order requiring Google to open up its Android app store to more competition until an appeals court decides whether to block the shake-up because of legal questions surrounding a jury’s verdict that branded Google as an illegal monopolist

The Independent UK

Short Circuit: A Roundup of Recent Federal Court Decisions

Equity training, intrusive questions, and a sorry mofo.

Reason

A Last Ditch Attempt to Bring Kids Climate Case Back from the Dead

The plaintiffs in Juliana v. United States are seeking Supreme Court intervention to revive their case against the federal government.

Reason

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Reason

Police Officers' Libel Lawsuit Against Seattle City Councilwoman Kshama Sawant Thrown Out

From Miller v. Sawant, decided Thursday by Ninth Circuit Judges William Fletcher, Carlos Bea, and John Owens: In February 2016, Miller and Spaulding [two Seattle police officers] fatally shot Che Andre Taylor, a Black man, as they tried to arrest him. Miller and Spaulding's [defamation] complaint … against [Seattle City…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Nonaggressive dogs, tactical vests, and the entire internet.

Reason

UCLA Appeals Yesterday's Preliminary Injunction That Ordered It to Avoid Repetition of Exclusion of Jewish or Pro-Israel Students from Parts of Campus

As yesterday's post noted, the injunction provides, [1.] Defendants [UCLA officials] … are prohibited from offering any ordinarily available programs, activities, or campus areas to students if Defendants know the ordinarily available programs, activities, or campus areas are not fully and equally accessible to Jewish students. [2.] Defendants are prohibited…

Sports Illustrated

NFL Perseveres Through Sunday Ticket Storm

There are numerous examples of how the league seems to be able to weather any threat or setback in its march toward unseen heights in popularity and prosperity.

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Reason

Leaks From Moyle

My speculation was just the tip.

Reason

Disgrantle: A New Legal Nonce Word

From footnote 1 to Judge Lawrence VanDyke's dissent from the grant of rehearing en banc (recall that "dissental" is a relatively new legal term meaning "dissent from denial of rehearing en banc," which has enjoyed some popularity): While dissentals are more common, judges on both this and other courts have,…

Reason

Internet Preservation and the Fourth Amendment—Case Updates, Part I

The first of two rulings, and why I find it unpersuasive.

Reason

I Get By With A Little Help From My Friends

Justice Gorsuch's majority opinion in Grants Pass leaned heavily on cert-stage and merit-stage amicus briefs from progressive jurisdictions.

Reason

Justices Alito, Thomas, and Gorsuch Dissent On An "Emotional and Highly Politicized" Case

And they charge that Justices Barrett and Kavanaugh "lost the will" to decide the case.

Reason

Department of State v. Munoz: The Sleeper ConLaw Case of the Term

Justice Barrett's majority clarifies Glucksberg, Mandel, Din, and Knauff, but Justice Sotomayor's dissent really wants to talk about Loving, Obergefell, and Dobbs.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Surprise inspections, dangerous fake weapons, and classroom interference.

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