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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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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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

Prop. 8 suit closing arguments may be televised

Obama zeros in on law professor for 9th Circuit post

Nude dancing not ground for deportation, 9th Circuit rules

Americans United for Life Defends Arizona’s Informed Consent Law

11th Cir. rejects 9th Cir. national-standard-for-internet-obscenity decision

The 9th Circuit harshly rebukes Seattle-based federal judge for sentencing would-be millennium bomber Ahmed… too lightly

9th Circuit Rejects RLUIPA Zoning Challenge In Brief Opinion

Obama poised to nominate Goodwin H. Liu to 9th Circuit

    Jonathan H. Adler writing at The Volokh Conspiracy: “The Daily Journal reports that President Obama is “poised” to nominate Professor Goodwin Liu, Associate Dean at the University of California at Berkeley’s Boalt Hall School of Law, to the U.S. Court of Appeals for the Ninth Circuit. Prof. Liu is an accomplished scholar with an impressive background. But I also suspect his nomination could face a chilly reception from Senate Republicans, and not simply because he is a liberal academic . . . I believe Senate Republicans are likely to oppose Prof. Liu for multiple reasons. First, Prof. Liu Chairs the Board of Directors the American Constitution Society for Law and Policy . . . Second, Prof. Liu was an outspoken critic of President Bush’s nomination of Samuel Alito to the Supreme Court.”

  • Posted: 01/21/2010
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  • Category: Bench & Bar
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9th Circuit Upholds UC’s Rejection of Certain Christian School Courses

Top 9th Circuit Judge, Judicial Conference Tangle Over Video at Proposition 8 Trial (The National Law Journal): “The fast-moving dispute over broadcast access to the federal trial on California’s ban on same-sex marriage has triggered a dustup within the leadership of the federal judiciary. Last Friday, on the eve of the San Francisco trial, top officials of the Judicial Conference of the United States sent a stern letter (pdf) to Chief Judge Alex Kozinski of the 9th U.S. Circuit Court of Appeals reminding him of Judicial Conference policy against televising trials. Kozinski wrote back on Sunday, warning that, if federal courts don’t experiment with access and technology, Congress will force the federal courts to act.”

  • Posted: 01/13/2010
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  • Category: Bench & Bar
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Judge Walker’s gambit to bamboozle the Supreme Court—Part 3

Court TV and judicial powers

Federal Prop 8 trial set to begin Monday

Washington prisoners entitled to vote, 9th Circuit rules

9th Circuit: AZ Charter Schools are not state actors

Staging a show trial on same-sex “marriage”

Kozinski vs. DOJ/OPM part III

    Volokh Conspiracy: “In the latest installment of Chief Judge Kozinski vs. DOJ(OLC)/OPM, discussed in my post below, Chief Judge Kozinski issued yet another order today, in apparent response to OPM’s statement on Friday refusing, based on DOJ/OLC’s advice, not to abide by his earlier orders.”


    “Gay Marriage Gets Boost From 9th Circuit”

    “Federal Judges Go to Bar For Their Married Gay Employees”

    U.S. agency ordered by 9th Circuit to provide same-sex benefits

  • Posted: 12/23/2009
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  • Category: Bench & Bar
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Appeals court set to rule on fate of Soledad Cross

Feds defy order to provide same-sex benefits

Rights of marriage supporters protected

9th Circuit Ready for Trial Court Close-ups – Cal. marriage litigation

9th Circuit to vote on new hearing in Prop. 8 disclosure challenge

Court to Hear Arguments against San Francisco’s Anti-Catholic Resolution

9th Circuit Oral Arguments: In Mt. Soledad Cross Case

Judges review Soledad cross issues

Federal judges deciding fate of mountaintop cross

ADF attorneys available to media after 9th Circuit arguments in Mt. Soledad cross case

U.S. Supreme Court will hear dispute over campus recognition of Christian group

Two years Later, Attorneys Baffled by Court Inaction on High-Profile Cases

Prop. 8 backers likely to win disclosure fight

Prop. 8 foes seek initiative sponsors’ internal records

ACLU backs Prop. 8 forces in disclosure case

Church in Gilbert sign flap may soon have permanent home

9th Circuit Sustains Restrictions on Legal Aid Organizations

Arizona sign ordinance singles out churches