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The Latest Breaking News from Ninth Circuit

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

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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…

Reason

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Ninth Circuit Panel Sends California "Assault Weapons" Ban Challenge Back to District Court,

so the District Court can reconsider it in light of the Supreme Court's new Bruen precedent.

Reason

Why the Supreme Court's football decision is a game-changer on school prayer

The U.S. Supreme Court has consistently banned school-sponsored prayer in public schools. At the same time, lower courts have generally forbidden public school employees from openly praying in the workplace, even if no students are involved.

The Conversation

Short Circuit: A Roundup of Recent Federal Court Decisions

Boycotts, open fields, and a weekend in jail.

Reason

Accessing Google Drive, Using Inadvertently Revealed Long URL, Can Violate Computer Fraud & Abuse Act

So holds a federal district court, in a dispute arising from the school policy wars.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Fragile vessels, unlawful encouragement, and an unchastened district attorney.

Reason

Union Station: Ninth Circuit panel says California can deduct union dues from state Medicaid payments to home care providers

On June 8, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit affirmed two district court decisions dismissing challenges to California’s deduction of union dues from Medicaid payments to home care providers. The panel issued a single opinion after consolidating the two appeals.

Ballotpedia

Ninth Circuit greenlights Arizona challenge to federal tax mandate (2022)

A three-judge panel of the United States Court of Appeals for the Ninth Circuit on May 19, 2022, ruled 3-0 that Arizona Attorney General Mark Brnovich (R) has standing to challenge the constitutionality of the federal tax mandate under the American Rescue Plan Act..

Ballotpedia

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Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Rubber stamps, pole cameras, and personal vendettas.

Tribune News Service

Commentary: The new court’s absurd inhumanity: To preserve procedure, an innocent man must die

There has been a lot of attention paid, rightly, to the leaked opinion showing that the U.S. Supreme Court is poised to overturn Roe v. Wade. But another opinion, both cruel and absurd, issued by the Republican supermajority deserves attention, as well.

Reason

Justice Sotomayor Criticizes The "Restless and Newly Constituted Court"

This claim brings to mind Justice Stevens' dissent from Citizens United.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Interstate wine shipping, illegal traffic fines, and internet-ordained preachers.

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Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Jury trials, bench trials, and prospective insurrections.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Citizenship, machine guns, and bigamy

Reason

Ninth Circuit Concludes Arizona Has Standing to Challenge Conditions on COVID Relief Funds

Language in the American Rescue Plan Act prohibits states from using the funds "directly or indirectly" to offset lost revenues from tax cuts.

Ballotpedia

Checks and Balances: Tennessee lawmakers end judicial deference

The Checks and Balances Letter delivers news and information from Ballotpedia’s Administrative State Project, including pivotal actions at the federal and state levels related to the separation of powers, due process, and the rule of law.

Reason

The Ninth Circuit's Stunner in Rosenow, and Thoughts on the Way Forward

A big problem in a small section, but one that can be corrected.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Plasma, prisons, and political parties

Reason

Ninth Circuit Upholds Dismissal of Claim Alleging Unconstitutional Police Mishandling of Rape Accusations

Plaintiff had shown the police cell phone messages in which she “casually discussed the sexual activity that occurred the night of the alleged rape and agreed to meet [the person she was accusing] again for a future sexual encounter,” and “told the alleged assailant that she ‘could make him lose…

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Kathryn Kimball Mizelle

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