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

Prop. 8 backers criticize judge in appeal briefs

Goodwin Liu and Robert Chatigny: Obama’s worst judicial nominees yet?

“Imperial County, Prop. 8 lawyers’ briefs attack Judge Walker”

Californians ask court to declare “gay marriage” unconstitutional

9th Circuit to review decision declaring state marriage admendment unconstitutional

Briefs quote Obama in calling for “morality” in Prop 8 case

Americans United, allies urge federal appeals court to rehear case challenging religiously based hiring bias

9th Circuit to hear Arizona immigration appeal Nov. 1

9th Circuit: Oregon law protecting minors from sexually explicit materials held unconstitutional

Defenders of marriage, initiative process in Calif. file opening brief on appeal

High bar to sue on harassment rules

U. S. Appeals Court throws out suit over religious speech

Prop 8 backers target trial judge’s findings in appeal

9th Circuit dismisses “ask God what your grade is” case on standing grounds

Court, White House team up against “gay” ban

“Marriage equality advocates” react to latest legal round

9th Circuit to reconsider headscarf rights case

Law Review: Dramatically Narrowing RFRA’s Definition of “Substantial Burden” in the Ninth Circuit

    Dramatically Narrowing RFRA’s Definition of “Substantial Burden” in the Ninth Circuit–The Vestiges of Lyng v. Northwest Indian Cemetary Protective Assocation in Navajo Nation et al. v. United States Forest Service et al
    Zackeree S. Kelin and Kimberly Younce Schooley, 55 S.D. L. Rev. 426 (2010)

    “A thorough examination of Navajo reveals that the Ninth Circuit’s narrow interpretation of ‘substantial burden’ stems from the overstated policy concerns articulated in the pre-Smith case of Lyng v. Northwest Indian Cemetery Protective Association and is inconsistent with the religious freedom protections found in Sherbert v. Verner and Wisconsin v. Yoder that RFRA sought to restore. Furthermore, the case exposes the tension that results when protection of land-based religious beliefs is evaluated in a nation built on an ownership-based Western approach to land. The Ninth Circuit seemed uncomfortable with the proposition of extending RFRA’s protections to the way in which Native Americans worship, i.e., where essential elements needed to practice these religions – land and other natural resources – are controlled by the government. As a result of what appears to be a policy-driven outcome, many more religious freedom claims outside the context of Native American religion will be cut off, as the triggering mechanism for application of the compelling interest test is now far more difficult to satisfy in the Ninth Circuit.”


  • Posted: 09/14/2010
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  • Category: Religious Liberty

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9th Circuit dismisses ACLU case asserting torture by C.I.A.

Imperial County fights for spot in Prop 8 debate

Conservative group throws Hail Mary pass on Prop 8

Legal group seeks to compel Calif to defend Prop 8

Ninth Circuit protects para-church ministries – really!

Christian Examiner: FAQs on Prop 8, California’s contested marriage amendment

Greg Baylor: Are you sitting down? 9th Circuit delivers favorable religious freedom decision

Court reinstates evangelist’s defamation suit against ABC