Judge Reinhardt’s memorandum opinion explaining his decision not to recuse himself in Prop 8 case

9th Circuit: Mt. Soledad war memorial cross is unconstitutional

9th Circuit seeks guidance from Cal. Supreme Court in Prop 8 marriage case

Delay sought in DADT repeal litigation

Former Idaho charter school poised for Bible fight

Following hearing, Prop. 8 verdict a mystery

Idaho Press-Tribune: Let’s get resolution on NCA Bible suit

Law Review: Understanding the First Amendment’s (Non)Response to the Negative Effects of Media on Children by Looking to the Example of Violent Video Games

    From Research Conclusions to Real Change: Understanding the First Amendment’s (Non)Response to the Negative Effects of Media on Children by Looking to the Example of Violent Video Games
    Renee Newman Knake, 63 SMU L. Rev. 1197 (2010)

    “Woodhouse’s proposal offers an appealing perspective for those who support regulation of children’s access to harmful media. The real issue, however, is whether ecogenerism will evolve from academic theory to actual practice. This article tests her theory by revisiting the line of violent video game cases to evaluate whether her ecogenerist perspective can achieve any real change in the courts’ decisions. Particular attention is devoted to challenges presented by First Amendment free speech protections with a primary focus on the Ninth Circuit’s decision in Schwarzenegger to invalidate a California statute prohibiting the sale or rental of violent video games to minors, a case that the Supreme Court is poised to soon decide. While some speculate that the Supreme Court is unlikely to reverse the Ninth Circuit’s decision given the uniform position of other courts on this issue, this article reveals that an ecogenerist perspective demands a reversal by the Court precisely for that reason. Should the Court affirm the Ninth Circuit’s invalidation of the statute, the article concludes by proposing recommendations for future research and regulatory efforts from an ecogenerist perspective.”


  • Posted: 12/29/2010
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  • Category: Marriage & Family

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Nineteen judicial nominees confirmed in the last week

DADT lawsuits to remain active

9th Circuit: Cities may not ban federal military recruitment targeting minors

Kevin Theriot: Court affirms churches’ right to select pastor without gov’t interference

NCA Bible lawsuit continues in court

9th Circuit allows Nampa Classical Academy Bible lawsuit

Law Review: Has President Obama Abandoned His Promises? The Denial of Federal Health Benefits for Same-Sex Spouses of Ninth Circuit Employees

    Has President Obama Abandoned His Promises? The Denial of Federal Health Benefits for Same-Sex Spouses of Ninth Circuit Employees
    Shannon Shafron Perez, 32 U. La Verne L. Rev. 105 (2010)

    “This Comment explores the resulting decisions from Mr. Levenson’s and Ms. Golinski’s challenges and evaluates the potential success of the arguments employed by the parties and judges as tactical steps toward expanding the rights of same-sex married couples. Part I provides background information about the EDR Plan for the Ninth Circuit, DOMA, and FEHB plans. Part II summarizes the Levenson and Golinski decisions by the EDR panels and the current status of Mr. Levenson’s and Ms. Golinski’s claims. Part III analyzes the EDR panel decisions, predicts how these matters will ultimately be resolved, and describes a current partial remedy available for similarly-situated employees.”


  • Posted: 12/15/2010
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  • Category: Marriage & Family

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En Banc 9th Circuit refuses to create test for who is covered by the ministerial exception

Michael Dorf: Viewer’s guide to the oral argument in the Prop 8 case

Mike Dorf: Perry v. Schwarzenegger v. Bush v. Gore

Heritage Foundation: Perry on appeal

Jordan Lorence: Eyewitness reactions from the Prop 8 oral arguments

Joe Infranco: “Taking away rights” argument holds no water in Prop 8 case

One News Now: Prop. 8 – all eyes on Ninth Circuit panel

Will 9th Circuit rule to protect marriage?

Prop. 8: Circuit Judge Reinhardt challenged

Makeup of Prop 8 panel seems promising for same-sex “marriage” advocates

Ah, Reinhardt

9th Circuit announces the three judges who will hear the Prop 8 case next week

Preview of possible outcomes of Proposition 8 argument before the 9th Circuit

Olson requests changes to 9th Circuit’s Prop 8 argument plan

Court: Calif marriage case may be broadcast

9th Circuit refuses to consider CLS claims on remand from Supreme Court

Democrats plan votes on controversial nominees, Senator says

Image rights vs. free speech in video game suit

    New York Times: “But to the media conglomerates, athletes, actors, First Amendment advocates and others who have recently weighed in on the case, Keller’s lawsuit is about much more than video games. The outcome of a recent appeal filed by Electronic Arts, their lawyers say, could rewrite the rules that dictate how much ownership public figures have over their images — and the extent to which outside parties, including media and entertainment companies — can profit from them.”

    Keller v. Electronic Arts Inc, et al. No. 10-15387 (9th Cir.)

    Complaint filed in Keller v. Electronic Arts Inc. et al., No 4:09-cv-01967 (N.D. Cal. May 5, 2009)


  • Posted: 11/16/2010
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  • Category: Miscellaneous

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When religious freedom and equal opportunity employment laws collide

9th Circuit hears oral arguments in church zoning case

Jordan Lorence: Hear an ADF attorney arguing a case in court! Christian sorority denied recognition

9th Circuit: Prop 8 reply brief makes strong case for marriage

9th Circuit judge questions Justice Department’s lawsuit against Arizona immigration law

    Washington Post: “[Judge John T. Noonan Jr.] took aim at the core of the Justice Department’s argument . . .  ’I've read your brief, I’ve read the District Court opinion, I’ve heard your interchange with my two colleagues, and I don’t understand your argument,’ Noonan told deputy solicitor general Edwin S. Kneedler. ‘We are dependent as a court on counsel being responsive. . . . You keep saying the problem is that a state officer is told to do something. That’s not a matter of preemption. . . . I would think the proper thing to do is to concede that this is a point where you don’t have an argument.’”

    Oral arguments can be viewed on YouTube.


  • Posted: 11/02/2010
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  • Category: Bench & Bar

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SCOTUS Blog: “Military gay ban continues”

9th Circuit continues stay and casts doubt on lower court’s DADT order

Arizona illegal immigration law gets appeals court hearing

Arizona to make case for immigration law at 9th Circuit

    Arizona Daily Star: “Three federal judges will hear arguments today by attorneys for the governor on why Arizona should be allowed to start enforcing SB 1070 . . . Technically speaking today’s hearing . . . concerns whether U.S. District Judge Susan Bolton acted properly in enjoining the state from enforcing several sections while the case makes its way through the legal system . . . But the panel of the 9th U.S. Circuit Court of Appeals will need to reach at least a preliminary decision on arguments by the Obama administration that Arizona acted illegally in usurping power reserved for the federal government.” | News round-up from How Appealing.


  • Posted: 11/01/2010
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  • Category: Miscellaneous

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Andy McCarthy: Retired O’Connor still making trouble

Prop 8 ban on same-sex “marriage” has no legitimate basis, Americans United tells Appeals Court

9th Circuit Says Catholic Group Has Standing to Sue San Francisco

Catholics’ challenge to critical San Francisco Resolution dismissed by en banc 9th Circuit

Prop. 8 hearing set Dec. 6

Obama requests emergency stay of DADT order

Calif. same-sex “marriage” ruling defended

Federal judge rejects stay request on DADT injunction

Obama administration asks for stay on ‘don’t ask’ ruling

9th Circuit upholds Washington’s campaign-disclosure laws

Becket Fund argues religious freedom in Prop 8 filing

Legal coalition fights for traditional marriage

Marriage, law and Loving v. Virginia

A third of cases to be reviewed this term arise from 9th Circuit

11 countries seek voice in AZ immigration appeal

Congratulations to Judge Diarmuid O’Scannlain

9th Circuit backs Alaska’s judicial selection process

David Hacker: ADF asks Ninth Circuit to rehear Lopez v. Candaele ruling

Wyoming AG defends same-sex “marriage” brief

Defenders of marriage are tolerant

Pro-Prop. 8 briefs show “wide-ranging concerns” about federal case, supporter says

An agenda that America has repeatedly rejected

Is Powell’s Bookstore a criminal pornographer? 9th Circuit panel says no

Opening briefs filed to appeal Prop. 8 repeal

9th Circuit declines free-speech case

Democrats push Goodwin Liu, other controversial nominees out of committee

New York Times: An extreme judicial blockade