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The Latest Breaking News from The Ninth Circuit

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

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Short Circuit: A Roundup of Recent Federal Court Decisions

Surprise inspections, dangerous fake weapons, and classroom interference.

Reason

Second Amendment Roundup: Just in Time for the Supreme Court to Consider in Rahimi

The Ninth Circuit invalidates the felon gun ban for non-violent offenses with no Founding-era analogues.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

River rides, purple robes, and aesthetic injuries.

Reason

Ninth Circuit Puts An End to the Kids Climate Case

A unanimous panel orders dismissal of Juliana v. United States, bringing this zombie litigation to a close.

Reason

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Judge Gibbons's Replacement By Her Former Clerk Would "Flip" The Sixth Circuit

Gibbons declined to take senior status during the Trump years, but will now be replaced by her former law clerk.

Reason

Second Amendment Roundup: A Double Shot of Oral Arguments

“Large-capacity” magazines and semiautomatic rifles are “bearable arms” in common use, no different from the handguns in Heller, but will two en banc courts agree?

Reason

Claim That University of Oregon Equity Blocked Twitter User for Tweeting "All Men Are Created Equal" Can Go Forward

From Gilley v. Stabin, decided today by the Ninth Circuit, in an opinion by Judges Ryan Nelson and Daniel Collins: Using the University's @UOEquity Twitter account, tova stabin, then Communication Manager for the University's Division of Equity and Inclusion, tweeted a prompt purporting to show ways to respond to racist…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

The wheels of justice, the administration of justice, and a disparaging racehorse.

Reason

Prof. Thomas Merrill on "Does Chevron Mandate Brand X?"

I'm delighted to pass along this item from Prof. Thomas Merrill (Columbia), whom readers might remember as a guest-blogger from a couple of years ago, and who is the author of The Chevron Doctrine: Its Rise, and Fall, and the Future of the Administrative State (2022): In Loper Bright Enterprises…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Citizen Trump, political chalking, and rough business.

Reason

Microsoft claims Activision was already planning ‘significant’ layoffs before its acquisition, ‘consistent with broader trends in the gaming industry’

Microsoft has stated that Activision was already planning layoffs before its merger.

TechRadar

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Reason

DOJ Files Petition for Writ of Mandamus to End Juliana Climate Litigation

The Justice Department is wasting no time seeking to put this zombie litigation out of its misery, and the plaintiffs are not happy about it.

Reason

Justice Department to Seek Mandamus to End Juliana Litigation (Again)

Will Judge Aiken finally accede to the law and allow this particular climate case to end?

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Criminalizing journalism, spooking gun buyers, and fashioning the destiny of the community.

Reason

Appeals Court: FBI's Safe-Deposit Box Seizures Violated Fourth Amendment

Cases like this are exactly why the Fourth Amendment was adopted in the first place, wrote federal Judge Milan D. Smith Jr.

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Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Instagram foxes, kosher Pickles, and maritime riches.

Reason

"Most Litigants Would Prefer Not to Have Their Medical Problems Published in the Public Records"

But that’s not adequate reason to allow them to litigate pseudonymously, a district court rules.

Ballotpedia

Robe & Gavel: SCOTUS begins first week of January 2024 sitting

Welcome to the Jan. 8 edition of Robe & Gavel, Ballotpedia’s newsletter about the Supreme Court of the United States (SCOTUS) and other judicial happenings around the U.S.

Reason

Federal Court Again Refuses to Dismiss Juliana Climate Case

Judge Aiken's reckless defiance of legal rules is turning the "Kids Climate Case" into a zombie climate case.

Reason

Nirvana Nevermind Cover Baby's Child Pornography Lawsuit Isn't Barred by Statute of Limitations,

the Ninth Circuit rules, though expressly noting that "The question whether the Nevermind album cover meets the definition of child pornography is not at issue in this appeal."

Fortune

The FTC should embrace proactive problem-solving

The legal precedent would strongly discourage companies from trying to solve perceived problems with proposed transactions.

Reason

Do Religious Schools Have a Right to Exemption from State's Pronoun Policies?

From Friday's opinion by Judge Daniel D. Domenico (D. Colo.) in Darren Patterson Christian Academy v. Roy (for more on a different facet of the case and on the possible relevance, or not, of government funding, see this post): "[T]he First Amendment protects an individual's right to speak his mind…

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