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The Latest Breaking News from The Ninth Circuit

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.

Reason

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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.

TechRadar

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?

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Criminalizing journalism, spooking gun buyers, and fashioning the destiny of the community.

Reason

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Appeals Court: FBI's Safe-Deposit Box Seizures Violated Fourth Amendment

Cases like this are exactly why the Fourth Amendment was adopted in the first place, wrote federal Judge Milan D. Smith Jr.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Instagram foxes, kosher Pickles, and maritime riches.

Reason

"Most Litigants Would Prefer Not to Have Their Medical Problems Published in the Public Records"

But that’s not adequate reason to allow them to litigate pseudonymously, a district court rules.

Reason

Robe & Gavel: SCOTUS begins first week of January 2024 sitting

Welcome to the Jan. 8 edition of Robe & Gavel, Ballotpedia’s newsletter about the Supreme Court of the United States (SCOTUS) and other judicial happenings around the U.S.

Ballotpedia

Federal Court Again Refuses to Dismiss Juliana Climate Case

Judge Aiken's reckless defiance of legal rules is turning the "Kids Climate Case" into a zombie climate case.

Reason

Nirvana Nevermind Cover Baby's Child Pornography Lawsuit Isn't Barred by Statute of Limitations,

the Ninth Circuit rules, though expressly noting that "The question whether the Nevermind album cover meets the definition of child pornography is not at issue in this appeal."

Reason

The FTC should embrace proactive problem-solving

The legal precedent would strongly discourage companies from trying to solve perceived problems with proposed transactions.

Fortune

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Reason

Do Religious Schools Have a Right to Exemption from State's Pronoun Policies?

From Friday's opinion by Judge Daniel D. Domenico (D. Colo.) in Darren Patterson Christian Academy v. Roy (for more on a different facet of the case and on the possible relevance, or not, of government funding, see this post): "[T]he First Amendment protects an individual's right to speak his mind…

Reason

Is the Fifth Circuit Becoming the New Ninth?

The Court is taking more cases from the Fifth Circuit, and its decisions do not appear to be faring well.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

SWAT takings, retaliatory liens, and a Spam confiscation.

Reason

Taxes on Wealth and on Unrealized Capital Gains Are Unconstitutional

Moore v. United States: The big tax case before SCOTUS this year.

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The Independent UK

Why California cities are suing themselves over homeless encampments

San Francisco and Sacramento are locked in lawsuits over encampents, as the US Supreme Court weighs changing a major precedent, Josh Marcus reports

Reason

Court Rejects Pseudonymity in Lawsuit Over "Liberated Ethnic Studies Model Curriculum"

From Concerned Jewish Parents & Teachers of L.A. v. Liberated Ethnic Studies Model Curriculum Consortium, decided yesterday by Judge Fernando Olguin (C.D. Cal.). An unincorporated association, the Concerned Jewish Parents and Teachers of Los Angeles, along with six individuals using the pseudonyms Jane or John Doe ("Doe plaintiffs") initiated this…

The Independent UK

‘San Francisco will end up like Detroit’: Why Elon Musk and tech CEOs are fighting lawsuit on homeless crisis

Litigation centers on definition of who counts as ‘involuntarily homeless,’ Josh Marcus reports

Reason

Court Rejects RNC's Lawsuit Claiming Google Discriminatorily Treated RNC's Email as Spam

Section 230, the court says, immunizes good-faith attempts to block spam—and RNC didn't introduce enough evidence of bad faith.

The Hindu

U.S. court stays extradition of Mumbai terror attacks accused Tahawwur Rana pending his appeal

U.S. Court orders stay on extradition of Pakistani-origin Canadian businessman Tahawwur Rana to India for 2008 Mumbai terror attacks. District Judge Fischer overrides Biden administration’s appeal, grants Rana's application for stay pending appeal to Ninth Circuit Court. Rana has raised serious legal questions and public interest favours him. NIA ready…

Reason

Hawaii Butterfly Knife Ban Violates Second Amendment

So the Ninth Circuit held today (Teter v. Lopez), in an opinion by Judge Carlos Bea, joined by Judges Daniel Collins and Kenneth Lee. The butterfly knife, also known as the "balisong," has a disputed origin. Some sources say it originated in France; others, the Philippines. It is anywhere from…

Reason

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.

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