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: How Appealing

Over three published dissents, en banc Ninth Circuit denies review of three-judge panel's ruling that granted a preliminary injunction against NASA's requirement that "low risk" contract employees submit to in-depth background investigations

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Over three published dissents, en banc Ninth Circuit denies review of three-judge panel's ruling that granted a preliminary injunction against NASA's requirement that "low risk" contract employees submit to in-depth background investigations: You can access today's order denying rehearing en banc at this link. The appellate court today also issued an opinion concurring in the denial of rehearing en banc and three dissenting opinions (here, here, and here). Chief Judge Alex Kozinski's dissent from the denial of rehearing en banc is interesting not just because it is typically well-reasoned and well-written, but also because he not too long ago personally experienced the publication of some material that he mistakenly thought was private.

My earlier coverage of the original three-judge panel's ruling can be accessed here and here.

Opponents of the NASA background investigation requirement have created this web site devoted to the case.

Full post as published by How Appealing on June 04, 2009 (boomark / email).

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