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The Latest Breaking News from The Ninth Circuit

Ninth Circuit Stays Ruling Against Biden Asylum Restrictions

The 2-1 ruling (divided along surprising ideological lines) is a win for the administration. But they may well still end up losing in the end.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Cooperative subjects, an unwanted text message, and hunting in a national forest.

Reason

Can Plaintiff Who Lost a Case Get Retroactively Pseudonymized, Because of Fear of Employment Consequences?

Two Central District of California case reach different results.

Reason

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Federal Court Rules Against Biden Policy Severely Restricting Asylum

The decision is an unsurprising, straightforward application of the text of the relevant statute. It could have a major impact.

Reason

No Pseudonymity in Lawsuit by Employees Alleging Sexual Harassment by Casino Magnate Steve Wynn

From Doe v. Wynn Resorts Ltd., decided Monday by Magistrate Judge Cam Ferenbach (D. Nev.): Plaintiff Judy Does work at the Wynn/Encore Salon, and they claim that their employer allowed Steve Wynn to sexually harass them. In their ninety-two page third amended complaint, the Judy Does bring claims against Wynn…

Reason

Conservatives Should Not Be Surprised By Justice Gorsuch's Opinion in Bostock

Revisting Kastl v. Maricopa County Community College District.

Reason

Call of Duty will stay on PlayStation consoles thanks to this new "binding agreement" between Sony and Microsoft

Sony has secured a "binding agreement" with Microsoft to keep Call of Duty games on PlayStation consoles.

TechRadar

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Microsoft moves "another step closer to the finish line" as FTC loses final appeal to prevent the Activision Blizzard acquisition

The Ninth Circuit has now denied the "motion of injunctive relief", leaving Microsoft free to complete the acquisition.

TechRadar

Short Circuit: A Roundup of Recent Federal Court Decisions

Suing the TSA, unsecured explosives, and basic grammar.

Reason

Supreme Court to Consider Scope of Congress's Taxing Power under the 16th Amendment

The question presented is whether the 16th Amendment authorizes Congress to tax unrealized sums without apportionment among the states.

Reason

Start the Death Watch for the Overbreadth Doctrine

United States v. Hansen signals the Court is not willing to "strike down" laws that may, hypothetically, burden someone else's speech rights.

Reason

SCOTUS Decides Jack Daniel's v. VIP Products

Jack Daniel's prevails against dog toy maker.

Reason

Second Amendment Roundup: Looking for Historical Analogues in All the Wrong Places

California is appealing the injunction against its “Not Unsafe” Handgun Act.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Bridges to nowhere, a blindfolded surprise, and a threatening smirk.

Reason

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Reason

District Court Judge Revives Kids Climate Case

Years after the Ninth Circuit ordered the case dismissed, it is brought back to life with a surprising trial court order.

Reason

In Sackett v. EPA, the Supreme Court Cuts Back Federal Regulatory Authority Over Wetlands

The Clean Water Act decision was a unanimous win for the Sacketts, and a 5-4 victory for Justice Scalia's 2006 Rapanos v. United States plurality.

Reason

How Did Justice Gorsuch Lose A Majority In National Pork Producers?

Thomas assigned the majority to Justice Gorsuch, but he couldn't hold five all the way.

Reason

Horn-Honking and the First Amendment

California law provides, (a) The driver of a motor vehicle when reasonably necessary to insure safe operation shall give audible warning with his horn. (b) The horn shall not otherwise be used, except as a theft alarm system. The Ninth Circuit upheld this law earlier this month, against a challenge…

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Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Butter or spray; liars and bad cops; and SecretAgentRandyBeans.

Reason

Ninth Circuit Rules Berkeley Gas Hookup Ban Is Preempted

A local California ordinance prohibiting natural gas hookups in new construction conflicts with federal law according to a federal appellate court.

Ballotpedia

Robe & Gavel: SCOTUS Begins their April 2023 Sitting

Welcome to the April 17 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

Apache Stronghold v. U.S.: Religious Freedom and Government Property

There's long been a dispute about whether religious freedom provisions limit the government's power related to religious sites on government land. These are usually American Indian sites, though in principle they might be other religious sites as well. In Lyng v. Northwest Indian Cemetery Protective Ass'n (1988), the Court held…

Reason

No Pseudonymity for Plaintiff in Lawsuit That Would Further Publicize His Criminal History

From Doe v. HireRight LLC, decided yesterday by Judge Stephen McNamee (D. Ariz.): Four years ago, Plaintiff was charged with two felonies. As part of a plea agreement, he pled guilty to both charges in exchange for one of the charges being downgraded to a misdemeanor. Thus, he was convicted…

Reason

No Jurisdiction in Federal Court Over Saudi Activist's Claims Against Alleged Hackers for UAE Government

"Plaintiff's allegations of political retaliation and torture are highly concerning. Nevertheless, this Court is bound by jurisdictional limits and grants Defendants' Motion to Dismiss for lack of personal jurisdiction."

Ballotpedia

Florida Republicans introduce bills prohibiting paycheck deductions for public-sector union dues

Florida Republicans recently introduced companion bills in the state legislature that would prohibit certain public-sector employees from having union dues withdrawn from their pay.

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