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The Latest Breaking News from Ninth Circuit

Beauty Pageants Have First Amendment Right to Limit Contestants to "Natural Born Females"

So holds the Ninth Circuit; Hamilton plays a major role.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Chalking tires, curbing meters, and secretly recording videos.

Reason

Bikini Barista Ban Violates Equal Protection Clause by Intentionally Discriminating Against Women Baristas

So Judge Ricardo Martinez ruled last week in Edge v. City of Everett (W.D. Wash.): The Dress Code Ordinance requires all employees, owners, and operators of "Quick-Service Facilities" to wear clothing that covers "the upper and lower body (breast/pectorals, stomach, back below the shoulder blades, buttocks, top three inches of…

Reason

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Ninth Circuit Confirms that District Courts Can Enforce Expansive Restitution Agreements

The general federal restitution statute grants statutory authority to district courts to award restitution to crime victims to the extent provided in a plea agreement.

Reason

Ninth Circuit Refuses to Quash Jan. 6 Committee Subpoena for Kelli Ward's Cell Phone Records

A Ninth Circut panel split 2-1 over whether First Amendment concerns should prevent congressional investigatos from obtaining cell records for Arizona's Republican Party Chair.

Reason

Ninth Circuit Partly Affirms and Partly Reverses Judgment for Planned Parenthood Over Secret Recordings

"Journalism and investigative reporting have long served a critical role in our society. But journalism and investigative reporting do not require illegal conduct."

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Retaliatory pepper spray, excessive damages awards, and the power of the purse.

Reason

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Ninth Circuit Reverses "Provisional" Sealing of Appellate Brief in Interesting Free Speech Case

Appellate briefs need to be treated as public documents, and (I argued) shouldn't be "provisionally" sealed for months or years without findings that such sealing (or, more often, redaction) is genuinely necessary.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Hauling timber, planting drugs, and barring bologna.

Reason

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

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

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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

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.

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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

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…

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