Imperial County appeals Proposition 8 ruling to 9th Circuit

Marriage before nation’s largest appeals court – panel draw could decide the case

After marriage ruling, uncertainty still lingers

The Prop 8 ruling: 5 questions and answers

Prop 8 ruling sets up national legal fight over same-sex “marriage”

Appeal filed after Prop. 8 ruled unconstitutional

“Gay marriage appeal notice filed, long battle ahead”

“Prop. 8 judge strikes down same-sex marriage ban”

No review of SB 1070 ruling before Nov.

Arizona immigration clash headed for controversial appeals court

9th Circuit says Ghanaian Baptist preacher entitled to asylum

New names emerge for 9th Circuit seats

    Law.com: “Heather Kendall-Miller, a staff attorney for the Native American Rights Fund, is in the running to succeed Judge Andrew Kleinfeld for an Alaska-based seat. But Kendall-Miller has some competition from Alaska Supreme Court Justice Morgan Christen, part of a complicated 9th Circuit puzzle the White House is trying to assemble. Christopher Cameron, a professor at Southwestern Law School, is the leading California contender for a separate seat that has long been in dispute between California and Idaho, multiple sources said. But the administration is also apparently looking for an Idaho nominee, these sources said, because the turf war is still going strong.”


  • Posted: 07/26/2010
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  • Category: Bench & Bar
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  • Source: www.law.com

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Law Review: A Failed Application of the RFRA at Snowbowl

    Yellow Snow on Sacred Sites: A Failed Application of the Religious Freedom Restoration Act
    Joshua A. Edwards, 34 Am. Indian L. Rev. 151 (2010)

    “The holy lands that are dear to these tribes are owned by the federal government, which has approved a proposal to expand a ski resort known as the Snowbowl. The proposal is focused on pumping 1.5 million gallons of sewage effluent per day from the nearby city of Flagstaff, Arizona to the Peaks in order to manufacture artificial snow for the Snowbowl. The purpose of the plan is to improve the economic viability of the ski resort, which has suffered diminished profits from decreased annual snowfall. Attempting to halt the plan, the tribes initiated suit against the U.S. Forest Service on a variety of claims. This note will focus on their claim under the Religious Freedom Restoration Act of 1993 (RFRA). … The Ninth Circuit’s interpretation of RFRA in Navajo Nation is too narrow to fulfill Congress’s intent of expanding First Amendment protection. The court interpreted ‘substantial burden’ to fit only the facts of previous Supreme Court cases in lieu of independently determining whether the use of sewage effluent on the Snowbowl places a substantial burden on the tribes’ exercise of religion. This has the effect of completely undermining the congressional intent of RFRA, which was to expand the protection proffered to religious expression.”


  • Posted: 07/23/2010
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  • Category: Religious Liberty

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“Calif. Community College Should Not Impose Religion at Public Events, Americans United Tells Appeals Court”

WA Pharmacy Board backs down on rules in pre-trial compromise

ACLJ wins 9th Circuit appeal in massive fraud case against Planned Parenthood affiliates in California

Supreme Court won’t review case claiming Vatican liable for priest abuser

Nazi salute case to help define free speech limits

Polarized Vote Advances Nominee for 2nd Circuit

    Law.com: The Senate Judiciary Committee voted 11-7 today to advance the nomination of Judge Robert Chatigny for the 2nd U.S. Circuit Court of Appeals. All but one Democrat voted for the nomination and all Republicans against it, similar to the committee’s May 13 vote on the nomination of Goodwin Liu for the 9th Circuit. Sen. Dianne Feinstein, D-Calif., voted ‘pass’ on Chatigny but did not explain her vote. Both nominations are likely to be drawn-out fights on the Senate floor.


  • Posted: 06/10/2010
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  • Category: Bench & Bar
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  • Source: www.law.com

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6th Circuit takes lead as most reversed appeals court

9th Circuit panel asks California justices if San Diego’s lease to Scouts is legal

Goldwater Institute will appeal Ninth Circuit Clean Elections decision, refile injunction request

LA Times: Giving to religious schools

Freedom of Speech vs. Workplace Harassment Law — A Big Free Speech Win in the Ninth Circuit

David Hacker: A big win for college free speech in the 9th Circuit

George F. Will: Slow learners at the 9th Circuit

Goodwin Liu’s controversial judicial nomination approved by Senate committee

Law Review: Child Pornography, The First Amendment, and Mistakes of Age

    Child Pornography, The First Amendment, and Mistakes of Age: An Age-Old Debate
    Michael J. Ritter, 88 Tex. L. Rev. 1101 (2010)

    “[T]he Ninth Circuit’s reasonable mistake of age defense fails to adequately protect the interests of children against the long-lasting physical and psychological effects of being photographed or filmed while engaging in sexually explicit acts. As a compromise between these two approaches, this Note proposes an intermediate standard that would require defendants claiming a mistake of age defense to show that they verified child subjects’ ages with government documents or officials. By establishing a clearer standard than the Ninth Circuit’s reasonableness test and by providing some defense to defendants, this intermediate standard would protect children from the harms of child pornography and quell First Amendment concerns.”


  • Posted: 05/10/2010
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  • Category: Miscellaneous

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GOP Senators Delay Vote on Liu

9th Circuit: Religious Group In Prison Is “State Actor”

Senate Committee to Vote on Pro-Abortion Obama Judicial Pick Goodwin Liu

Travis Barham: Softball league rediscovers freedom of association

9th Circuit: Muslim woman loses hijab removal ruling

Constitutional Law Attorney John Eastman wins major first amendment case at Ninth Circuit

Mojave symbol should stay, high court rules

Court backs Mojave cross deal; case sent back to 9th Circuit

Motions Filed for Rehearing in National Motto and Pledge of Allegiance Cases

Law Review: How the Ninth Circuit Abandoned Judicial Neutrality to Strike a Blow at Religion

    Catholic League for Religious and Civil Rights v. City of San Francisco: How the Ninth Circuit Abandoned Judicial Neutrality to Strike a Blow at Religion
    Jonathan W. Heaton, 2010 B.Y.U. L. Rev. 101

    “This Note will analyze the Ninth Circuit’s decision in Catholic League and explain how the court’s neutrality was compromised. Part II of the Note presents a summary of the facts and procedural history of the case. Part III then provides some context for the issues involved by discussing the background First Amendment Establishment Clause jurisprudence leading up to the Ninth Circuit’s decision. Part IV describes the Ninth Circuit’s reasoning and decision in Catholic League in detail, and Part V analyzes that decision to explain how the Ninth Circuit went wrong. Finally, Part VI offers a brief conclusion.”


  • Posted: 04/27/2010
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  • Category: Religious Liberty

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‘Liberal’ Reputation Precedes Ninth Circuit Court

Liu beholden to foreign law

Democrats defend liberal court nominee Goodwin Liu

Senators Keep Up Sparring Over Nominee’s Questionnaire

9th Circuit panel dismisses California Equality and ACLU appeal of order compelling them to disclose Prop. 8 campaign communications

Senate Democrats defend 9th Circuit Court nominee Liu against GOP criticism

Democrat Won’t Halt Hearing on Pro-Abortion Obama Appeals Court Pick Liu

Republicans Slam Obama Judicial Nominee Over 117 Omissions From Record

42 of 58 Cal. DAs oppose Obama 9th Circuit Nominee

ACLU appeals federal court decision upholding Nevada’s brothel ad ban

    Las Vegas Sun: “The American Civil Liberties Union, on behalf of Davis and two newspapers, today asked the full U.S. Ninth Circuit Court of Appeals to rehear the case and overturn a decision by a three-judge panel of the court upholding the state’s ban on prostitution ads. ACLU lawyer Allen Lichtenstein wrote in his petition: ‘Because brothels are licensed in Nevada, commercial speech concerning them is constitutionally protected.’” | See full post for related items.


  • Posted: 03/26/2010
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  • Category: Miscellaneous
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  • Source: www.lasvegassun.com

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OH: Court rulings should help Lake defend mission statement

Former DOJ Official Picked for 9th Circuit

Unsound and Unfit: Goodwin Liu is President Obama’s worst judicial nominee . . . so far.

“Hearing for 9th Circuit Nominee on Hold”

Justice Alito dissents from denial of cert. in ‘Ave Maria’ ban

Ruling on brothel ads spurs appeal: ACLU wants rehearing on restoration of restrictions

Ninth Circuit Court of Appeals to Offer Remote Viewing of En Banc Hearings

9th Circuit: Former AG Ashcroft can be held personally liable, 8 judges dissent

Living Under God

    Ken Blackwell writing in The American Spectator: [The 9th Circuit] ruled in favor of the Pledge. But the big news is 
not that the Ninth Circuit came to its senses and aligned itself with every other court that has addressed the issue. The big news is that
 the Ninth Circuit did so in uniquely and dramatically conservative fashion . . . Remarkably, in an opinion joined by the liberal Judge D.W. Nelson, the Ninth Circuit adopted the Becket Fund’s argument: ‘The phrase “under God” is a recognition of our Founders’ political philosophy that a power greater than the government gives the people their inalienable rights. Thus, the Pledge is an endorsement of our form of government, not of religion or any particular sect.”


  • Posted: 03/18/2010
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  • Category: Religious Liberty
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  • Source: spectator.org

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Obama nominates “unabashed liberal” to 9th Circuit

9th Circuit Defines Ministerial Exception For Employment Cases

Reinhardt Stands Alone on 9th Circuit’s Pledge of Allegiance ‘Under God’ Ruling

Ninth Circuit: Pledge of Allegiance constitutional

9th Circuit rejects Newdow challenge to “In God We Trust”

9th Circuit: Nevada has right to ban brothel advertising

Prop. 8 suit closing arguments will not be televised

9th Circuit candidate’s career marked by rapid ascent, wide-ranging roles

Christian’s speech deemed hateful propaganda

Debate Heats Up Over 9th Circuit Nominee

College demands return of campus speech code

Calif. college seeks to maintain unlawful speech code

David French on the Michael Medved Show: Oral arguments in Lopez suit

CA: Fate of same-sex “marriage” a step closer to being decided