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The Latest Breaking News from The Ninth Circuit

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

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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

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.

Reason

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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.

Android Central

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.

Reason

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.

Android Central

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

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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.

Reason

Supreme Court Refuses to Consider Eviction Moratorium Takings Case

But Justice Clarence Thomas wrote a strong dissent to denial of certiorari.

Reason

SCOTUS Puts Skrmetti SDP Case Out Of Its Misery

The ACLU's cert petition is denied, and several other petitions are GVR'd.

Reason

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

Classroom commandments, the FBI's Most Wanted, and a phone book artifice.

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Reason

The Ninth Circuit's Flawed Decision Upholding Trump's Federalization of the California National Guard

The ruling gets several important issues right - and one big one wrong.

Reason

Judge Grants TRO Against President Trump's Federalizing California National Guard [FURTHER UPDATE: Ninth Circuit Grants Stay]

The order is stayed until noon tomorrow (June 13), and I expect the federal government will ask the Ninth Circuit and, if necessary, the Supreme Court for a further emergency stay.

Reason

Justices Gorsuch and Thomas Dissent from Court's Declining to Hear Apache Religious Freedom Case

From today's dissent from denial of certiorari by Justice Gorsuch, joined by Justice Thomas, in Apache Stronghold v. U.S.: For… The post Justices Gorsuch and Thomas Dissent from Court's Declining to Hear Apache Religious Freedom Case appeared first on Reason.com.

Reason

Circuit Justice Kagan Never Bothered Calling For A Reply In Trump v. AFGE

The District Court succeeded its TRO with a PI, rendering the government's application moot.

We Got This Covered

Donald Trump asks courts to ‘blindly trust’ his word about deportations, but one California judge has had enough

Courts may yet curb Trump's worst tendencies.

The Independent UK

Judge orders Trump administration to admit roughly 12,000 refugees

A judge has ordered the Trump administration to admit some 12,000 refugees into the United States

Reason

Why the Major Questions Doctrine Applies to the President, Not Just Executive Agencies

This is a key issue in cases seeking to limit executive branch power grabs, including Trump's tariffs. Judge Ryan Nelson (a conservative Trump appointee) explains why the president is not exempt from the doctrine.

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