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The Latest Breaking News from The Ninth Circuit

Ninth Circuit Dismisses Kids Climate Case Against Discounting in Cost-Benefit Analysis

The kids climate cases continue to have standing problems in federal court.

Reason

Theranos Fraudster Elizabeth Holmes' Sentence Reduced by 1 Year

This was called for, the court held, by a new retroactive sentencing guideline that allows such a reduction when a defendant "did not personally cause substantial hardship."

Reason

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

Fiery writs, imperial sovereigns, and cheating escheators.

Reason

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The Penis Mightier

Why is it worse to use problematic language to describe something than to acknowledge that thing is actually problematic?

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Judge VanDyke: "This is a case about swinging dicks."

30 members of the Ninth Circuit write to disagree.

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The Ninth Circuit's En Banc Shadow Docket

Why can lower courts issue unexplained rulings on the emergency docket, but not SCOTUS?

Reason

California AI Model Training Disclosure Law Likely Doesn't Violate First Amendment

From last Wednesday's decision in X.AI LLC v. Bonta, by Judge Jesus Bernal (C.D. Cal.): Assembly Bill 2013 …, entitled… The post California AI Model Training Disclosure Law Likely Doesn't Violate First Amendment appeared first on Reason.com.

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Interview with Judge Lawrence VanDyke at the University of Florida

We talk about his background, his path to the bench, and why he does things differently on the Ninth Circuit.

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Mirabelli Offers a Beautiful Vision of the Emergency Docket

Justices Barrett and Kavanaugh, as well as the Chief Justice, are on the same page.

Reason

The Supreme Court's Emergency Docket Meets The Inferior Courts' Emergency Dockets

Why should the Supreme Court defer to the emergency docket of lower courts?

Reason

Justices Debate Emergency Docket in Parental Rights / Gender Transition Concealment Case

Today's opinion in Mirabelli v. Bonta involved, on the merits, California policies that "prevent schools from telling them about their… The post Justices Debate Emergency Docket in Parental Rights / Gender Transition Concealment Case appeared first on Reason.com.

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S. Ct. Reinstates Trial Court Injunction Blocking Cal. Policy Limiting Schools' Disclosure to Parents of Student's Changed Gender Identity

From today's opinion in Mirabelli v. Bonta: [Plaintiff] parents object that [California] policies prevent schools from telling them about their… The post S. Ct. Reinstates Trial Court Injunction Blocking Cal. Policy Limiting Schools' Disclosure to Parents of Student's Changed Gender Identity appeared first on Reason.com.

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Mayor's Right to Dismiss Volunteer Board Appointees for Speech, Including Religiously Motivated Speech

From Hodges v. Gloria, decided Thursday by the Ninth Circuit (Judges Consuelo Callahan and Lucy Koh, and Judge J. Campbell… The post Mayor's Right to Dismiss Volunteer Board Appointees for Speech, Including Religiously Motivated Speech appeared first on Reason.com.

Reason

Does Section 230 Immunize Twitter's Knowing Possession of Child Sex Abuse Materials?

A recently filed cert petition presents this important issue to the U.S. Supreme Court.

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Court Blocks Community College "Diversity, Equity, Inclusion, and Accessibility" Requirements for Teaching

From yesterday's decision by Judge Kirk Sherriff (E.D. Cal.) in Johnson v. Fliger (for more on an earlier phase of… The post Court Blocks Community College "Diversity, Equity, Inclusion, and Accessibility" Requirements for Teaching appeared first on Reason.com.

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No Retroactive Pseudonymization in Federal Court Under California "Safe at Home" Program

From a decision last week in Smith v. Solomon, by Judge André Birotte Jr.: Plaintiff files the [application] in a… The post No Retroactive Pseudonymization in Federal Court Under California "Safe at Home" Program appeared first on Reason.com.

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2-1 Ninth Circuit Decision in Suit Against Airline Brought by White Father Traveling with Black Adopted Son

From DelVechhia v. Frontier Airlines, Inc., decided Tuesday by the Ninth Circuit, in an opinion by Judges Michael Daily Hawkins… The post 2-1 Ninth Circuit Decision in Suit Against Airline Brought by White Father Traveling with Black Adopted Son appeared first on Reason.com.

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The Case Against Deferring to Presidential Invocations of the Insurrection Act

Prof. Josh Braver questions the conventional wisdom on this issue.

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Religious Employment and Title VII: Part 3—Resolving an Enduring Circuit Split

A textualist reading of the Title VII religious employer exemption resolves a long-running circuit split.

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Second Amendment Roundup: Important Wolford Brief Addresses Bruen Methodology

Prof. Alicea explains the proper way to apply Bruen.

Reason

Second Amendment Roundup: Hawaii Sticks to Its Black Code Precedent

Its Amici in Wolford v. Lopez abandon the embarrassing “analogue.”

Reason

Ninth Circuit Suspends Injunction Blocking California Policy Limiting Teachers' Disclosure to Parents of Student's Changed Gender Identity

A short excerpt from the Ninth Circuit's order yesterday in Mirabelli v. Bonta (Chief Judge Mary Murguia, joined by Judges… The post Ninth Circuit Suspends Injunction Blocking California Policy Limiting Teachers' Disclosure to Parents of Student's Changed Gender Identity appeared first on Reason.com.

Reason

California's Ban on Openly Carrying Guns Is Unconstitutional, 9th Circuit Says

The ruling, which emphasizes the lack of historical support for such a law, is unlikely to survive en banc review.

Reason

Presence of Probable Cause Precludes Claim That Immigration Arrest Was Retaliation for First-Amendment-Protected Speech

So concludes a federal district in Louisiana, disagreeing with a Ninth Circuit panel.

Reason

No Trademark Infringement Liability Based on Use of a Political Slogan ("Proven Problem Solver")

From Judge André Birotte (C.D. Cal.) in Cloobeck v. Villaraigosa, decided Dec. 8 but just posted on Westlaw: This action… The post No Trademark Infringement Liability Based on Use of a Political Slogan ("Proven Problem Solver") appeared first on Reason.com.

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