9th Circuit Civil Rights Law News - U.S. Ninth Circuit
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We've got a twin pack of updates for you on this midsummer Monday afternoon, both involving preliminary injunctions, video content, and non-traditional distribution mediums.

In one case, which pits a major television network against an alternative video distribution medium (it's almost Aereo part II), the panel declined to issue a preliminary injunction. In the other, we have a bit of backtracking (but not enough) by the panel in an amended opinion in a dangerous precedential case that imposed prior restraint on speech on the basis of a questionable copyright claim.

If we had to analogize Arizona to a child, we'd say it was suffering from "middle child syndrome." What else could explain the policies and legislation that comes out of that state? Perhaps Arizona just wants more attention from her parents the Federal Government. (Sidebar: Jan Brewer is the second child -- just saying).

The challenged Arizona law du jour is Ariz. Rev. Stat. Ann § 28-3153(D), which prohibits the issuance of licenses to young immigrants (under Gov. Brewer's executive order and interpretation). Read on to see why another Arizona policy didn't make the cut.

We've got a quick roundup of updates for you this morning on three major issues we've been following for awhile: gay marriage bans, conversion therapy, and the Mount Soledad Memorial Cross.

The Ninth Circuit set a single date for oral arguments in disputes out of three states, including Hawaii (which has legalized gay marriage since the case was first filed) and Nevada (where state officials have pretty much given up). Meanwhile, it seems the legal battle over gay conversion therapy is over, with California's ban remaining intact.

And finally, the Mount Soledad Cross is still standing, and may continue to do so, even with the Supreme Court denying review earlier today.

It's a big day in the Ninth Circuit for two of the biggest legal topics right now: marriage equality and national security. In one case, the appellate court declined to re-hear a case involving a Batson challenge to a gay juror, which leaves a holding that all-but-guarantees marriage equality in the Ninth Circuit remains intact.

And in a second case, now on remand to a district court in Oregon, a judge just ruled that our nation's "No-Fly List," which keeps those who are suspected of having ties to terrorism off of planes but has no procedures to challenge inclusion on the list, is unconstitutional.

On the battlefield that is women's reproductive rights, women in Arizona scored a victory on Tuesday, when the Ninth Circuit Court of Appeals reversed a district court's denial of preliminary injunction.

Now with a preliminary injunction in place, it remains to be seen whether the Arizona abortion pill law will withstand a challenge on the merits.

It's the landmark civil right battle of our time, and if you thought we'd go a week, or even a few days, without another legal maneuver in a gay marriage case, you were sadly mistaken. If you're suffering from coverage fatigue, take solace in this: we're only covering the most interesting and odd battles out of the dozens of cases that are proceeding nationwide.

In this batch of updates, a non-party reaches out to SCOTUS to put a hold on gay marriages in a state where nobody (or at least, nobody in the litigation) is opposing gay marriage, while in Idaho, the impatient state is asking to fast forward to an en banc hearing and actually has a compelling argument for doing so.

In a textbook example of the absurdity that can occur when state officials, for better or worse, decide not to defend state laws, a federal court just made gay marriage legal over the opposition of no one at all, and with no appeal likely.

Shortly before U.S. District Court Judge Michael McShane handed down the thirteenth straight victory for gay marriage since Windsor, the Ninth Circuit denied a stay of further proceedings requested by a third-party organization hoping to defend the voter-approved referendum.

For a country founded on the principle of the separation of church and state, we sure like to put giant religious imagery on hilltops whenever we get the chance -- and then we're surprised when someone complains.

The Mount Soledad saga continues, with still no word from the Supreme Court as to whether cert will be granted. And now, Big Mountain Jesus will be coming up before the Ninth Circuit too. Will Mount Soledad dictate the fate of Big Mountain Jesus?

Technology fails. Computers crash, cell phone calls drop, and automated license-plate readers (ALPR) misread plates.

With that truism established, whose fault is it when a police officer (or six) stops a woman at gunpoint, holds her at gunpoint, handcuffed for twenty minutes, then realizes that the computer had a glitch?

The trial court called it a reasonable mistake, held that there was reasonable suspicion for a stop, and held that qualified immunity applied, but the Ninth Circuit reversed yesterday, holding that if all inferences were made in favor of the plaintiff, that there was a triable issue of fact over whether there was reasonable suspicion, whether excessive force was used and whether she was arrested, rather than subject to an investigatory stop.

Peta Lindsay was the Peace and Freedom Party's chosen candidate for President of the United States in 2012. One small problem: she was 27 years old. California, predictably, refused to put her name on the ballot due to her obvious ineligibility.

She sued, claiming First Amendment and Equal Protection violations, as well as a violation of the Twentieth Amendment. (Yeah, we had to look it up too.) In any case, this went exactly as you would expect.