Doe v. Reed, No. 11-35854 ( Before: Harry Pregerson, A. Wallace Tashima, and N. Randy Smith, Circuit Judges. Opinion by Judge Tashima; Concurrence by Judge N.R. Smith)
Plaintiffs Protect Marriage Washington (“PMW”), John Doe #1, and John Doe #2 (collectively, “Plaintiffs”) seek to enjoin Defendants, the Secretary of State and Public Records Officer of the State of Washington, from releasing the names of people who signed petitions supporting a Washington referendum. These petitions are already widely available on the internet. We dismiss this case as moot because we cannot grant Plaintiffs effective relief.
- Posted: 10/23/2012
- Category: Marriage & Family
- Tags: Court: 9th Circuit, State: Washington, Topic: Elections, Topic: Internet, ZZ: Doe v Reed
Eugene Volokh at the Volokh Conspiracy: When NFIB came down, some commentators argued that Chief Justice Roberts’ conclusion that the mandate was not authorized by the Commerce Clause and Necessary and Proper Clause was mere dictum, and therefore not binding precedent for the lower courts. I criticized that view here. It’s worth noting that the Ninth Circuit just treated the Roberts’ Necessary and Proper reasoning from NFIB as if it were binding. In upholding the Sex Offender Registration and Notification Act sex offfender registration requirement, they relied heavily on NFIB’s interpretation of the Necessary and Proper Clause . . .
- Posted: 10/09/2012
- Category: Bench & Bar
- Source: www.volokh.com
- Tags: Category: Bench and Bar, Court: 9th Circuit, Topic: Jurisprudence
91.5 KJZZ (includes audio): James Campbell of the Alliance Defending Freedom notes the appellate court ruling hinged on the inability of gays to marry in the state, which he says sets a precedent. “If it’s irrational to give that benefit to only legal spouses and not to an unmarried partner or friend, then it is also irrational to also give other benefits to a legal spouse or not to an unmarried friend or partner,” Campbell said.
- Posted: 08/10/2012
- Category: ADF in the News
- Source: www.kjzz.org
- Tags: ADF: Jim Campbell, ADF: Media Clips, ADF: Multimedia, Alliance Defending Freedom, Court: 9th Circuit, State: Arizona, Topic: Marriage, ZZ: Diaz v. Brewer
LifeNews: Republican Sens. McCain, Kyl, Alexander, Brown, Snowe, Collins, Lugar and Murkowski voting with Democrats to allow the pro-abortion nomination to move ahead.
- Posted: 06/11/2012
- Category: Featured
- Source: www.lifenews.com
- Tags: Category: Bench and Bar, Category: Featured, Court: 9th Circuit, Topic: Abortion, Topic: Nominations
Religion Clause: On Friday, the 9th Circuit refused to rehear the case and also refused an en banc rehearing. However 5 judges, in an opinion written by Judge Bey, dissented from the denial of an en banc rehearing. In Jewish War Veterans v. City of San Diego, (9th Cir., Oct. 14, 2011), Judge Bey wrote in part . . .
- Posted: 10/18/2011
- Category: Religious Liberty
- Source: religionclause.blogspot.com
- Tags: Category: Religious Liberty, Court: 9th Circuit, State: California, Topic: Monuments, ZZ: Jewish War Veterans v City of San Diego