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The Latest Breaking News from The Ninth Circuit

Short Circuit: A Roundup of Recent Federal Court Decisions

Equity training, intrusive questions, and a sorry mofo.

Reason

A Last Ditch Attempt to Bring Kids Climate Case Back from the Dead

The plaintiffs in Juliana v. United States are seeking Supreme Court intervention to revive their case against the federal government.

Reason

Police Officers' Libel Lawsuit Against Seattle City Councilwoman Kshama Sawant Thrown Out

From Miller v. Sawant, decided Thursday by Ninth Circuit Judges William Fletcher, Carlos Bea, and John Owens: In February 2016, Miller and Spaulding [two Seattle police officers] fatally shot Che Andre Taylor, a Black man, as they tried to arrest him. Miller and Spaulding's [defamation] complaint … against [Seattle City…

Reason

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Short Circuit: A Roundup of Recent Federal Court Decisions

Nonaggressive dogs, tactical vests, and the entire internet.

Reason

UCLA Appeals Yesterday's Preliminary Injunction That Ordered It to Avoid Repetition of Exclusion of Jewish or Pro-Israel Students from Parts of Campus

As yesterday's post noted, the injunction provides, [1.] Defendants [UCLA officials] … are prohibited from offering any ordinarily available programs, activities, or campus areas to students if Defendants know the ordinarily available programs, activities, or campus areas are not fully and equally accessible to Jewish students. [2.] Defendants are prohibited…

Reason

NFL Perseveres Through Sunday Ticket Storm

There are numerous examples of how the league seems to be able to weather any threat or setback in its march toward unseen heights in popularity and prosperity.

Sports Illustrated

Leaks From Moyle

My speculation was just the tip.

Reason

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Disgrantle: A New Legal Nonce Word

From footnote 1 to Judge Lawrence VanDyke's dissent from the grant of rehearing en banc (recall that "dissental" is a relatively new legal term meaning "dissent from denial of rehearing en banc," which has enjoyed some popularity): While dissentals are more common, judges on both this and other courts have,…

Reason

Internet Preservation and the Fourth Amendment—Case Updates, Part I

The first of two rulings, and why I find it unpersuasive.

Reason

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

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

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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

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?

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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.

TechRadar

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.

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?

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