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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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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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

East Valley church loses appeal against Gilbert

“Gay Marriage Gets Boost From 9th Circuit” (The Recorder): “Not one to be left out of a constitutional thicket, 9th U.S. Circuit Court of Appeals Chief Judge Alex Kozinski granted health benefits Thursday to the same-sex partners of court employees. Kozinski’s order comes a day after his colleague, Judge Stephen Reinhardt, issued his own published directive that a federal public defender be awarded back pay because his same-sex partner’s benefits had been denied.”

  • Posted: 11/23/2009
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East Valley church loses appeal against Gilbert

9th Circuit says AZ church must be heard on religious sign discrimination

AZ: Sign code lawsuit sent back to lower court

“Church loses appeal for injunction in Gilbert sign-code case”

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

9th Circuit upholds ordinance regulating church signs, but discrimination issue remains

9th Circuit judge orders compensation for denial of same-sex “spousal” benefits

David French: Intriguing developments at the Supreme Court

Reinhardt Reversed for Third Time in Same Case

    Orin Kerr writes at the Volokh Conspiracy: “The basic dynamic of Ninth Circuit ‘liberal lion’ Stephen Reinhardt overturning a death sentence in a habeas case – and then the U.S. Supreme Court reversing Reinhardt — happens so often that it normally would not merit comment. But here’s a slight twist: Today the Supreme Court reversed Reinhardt for the third time in the same case, that of Fernando Belmontes, Jr.”

  • Posted: 11/16/2009
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9th Circuit upholds ejection from Santa Cruz city council meeting

    Norse v. City of Santa Cruz, No. 07-15814 (9th Cir. Nov. 3, 2009)

    Excerpts from the opening:


    Before: Mary M. Schroeder, Diarmuid F. O’Scannlain and A. Wallace Tashima, Circuit Judges.

    Opinion by Judge Schroeder;
    Partial Concurrence and Partial Dissent by Judge Tashima

    Plaintiff-Appellant Robert Norse was ejected from two meetings of the Santa Cruz City Council, one in 2002 and one in 2004. He filed this 42 U.S.C. § 1983 action against the City and its Mayor and Council members alleging violation of his First Amendment rights. In a 2004 unpublished, nonprecedential disposition, we unanimously upheld the validity of the Council rules that were being enforced at the time of the ejections. Norse v. City of Santa Cruz, No. 02-16446, 2004 WL 2757528 (9th Cir. Dec. 3, 2004) (“Norse I”), at *1.

    The rules authorize removal of “any person who interrupts and refuses to keep quiet . . . or otherwise disrupts the proceedings of the Council.” We observed that the rules are materially similar to the regulations we upheld in White v. City of Norwalk, 900 F.2d 1421 (9th Cir. 1990). Id.

    A majority of us, however, reversed and remanded the district court’s dismissal on the pleadings, holding that there was no way of assessing the reasonableness of the Mayor’s actions, particularly his action in ordering Norse’s 2002 ejection after Norse gave a Nazi salute to protest the Mayor’s administration of the Council’s rules. Id. at *2.

    There is no doubt that ordering Norse’s ejection in 2004 was a reasonable application of the rules of the Council. The videotape shows that Norse was engaged in a parade about the Council chambers protesting the Council’s action, and his conduct was clearly disruptive . . .

  • Posted: 11/03/2009
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  • Category: Miscellaneous
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Arizona: Group to appeal district court’s free speech ruling

A “national standard” for obscenity?

Audio of ASU Students for Life v. Crow arguments at 9th Circuit

9th Circuit judge urges settlement in campus-speech case

En Banc 9th Circuit denies review of Ariz. school tax credit case, lengthy concurring and dissenting opinions

AZ judge suggests pro-life group settle case with ASU