Ninth Circuit Orders Guam Voting Case Forward

A three judge panel of the U.S. Court of Appeals for the Ninth Circuit reinstated CIR client Arnold Davis’ lawsuit challenging race-based voting restrictions on a plebiscite concerning Guam’s future political status.  The decision reverses District Judge Tydingco-Gatewood’s decision in early 2013 dismissing the lawsuit on standing and ripeness grounds.  Judge Tydingco-Gatewood ruled that since the plebiscite might not occur, Davis could not yet to be said to have suffered ...

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April 14, 2015 by CIR in Case Updates, Friedrichs

Friedrichs Petitioners File Final cert Brief — Await Supreme Court Action

Ten California school teachers and the Christian Educators Association International filed their final brief urging the Supreme Court to take Friedrichs v. CTA in order to overturn the Court’s 1976 decision in Abood v. Detroit Board of Education. The petitioners are challenging the constitutionality of state laws that require the payment of “agency fees” by non union-members as a condition of employment.  Today’s “Brief in Reply” responds to the Union’s ...

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May 01, 2015 by CIR in Case Updates

CIR Defends Fair Use of Blog “Headshot” Photo Against Copyright Suit

CIR filed an appeal on behalf of Irina Chevaldina, who was sued by Raanan Katz for her use of a small photo of Katz to accompany a blog post that she published about Katz.  Katz found the photo unflattering and purchased rights to it and then sued Chevaldina for copyright infringement.  CIR is asking the Eleventh Circuit to uphold a lower court decision that Chevaldina’s use of the photo fell ...

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March 05, 2015 by CIR in Case Updates

Court Hears Obamacare Subsidies Challenge

On March 4, the Supreme Court heard oral argument in King v. Burwell, a challenge to the constitutionality of the IRS’s aggressive re-writing of key terms in the Patient Protection and Affordable Care Act, sometimes known as “Obamacare.”  After ninety minutes of argument, it was clear that four justices would vote to uphold the IRS re-write.  The question was whether the government could pick up a fifth vote.  Most of ...

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March 02, 2015 by CIR in Case Updates

Massachusetts Court Upholds Stun Gun Ban

Massachusetts’s highest court upheld Jaime Caetano’s conviction for possession of a stun gun, rejecting her contention that the state’s total ban on stun guns violates the Second Amendment.  The court ruled that stun guns are a modern invention not in common possession in 1789, when the Second Amendment was adopted.  Since the court decided that the Second Amendment does not cover stun guns, it concluded that the Massachusetts legislature could ...

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