ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Federal Judiciary Blogs -> California Appellate Report

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Federal Judiciary

: California Appellate Report

Christian Legal Society v. Wu (9th Cir. - Nov. 17, 2010)

By Shaun Martin

ADVERTISEMENTS
Here's a per curiam opinion in a high profile case -- indeed, one on remand from the Supreme Court -- that's ruthlessly accurate and correct. 

Plaintiffs sued Hastings Law School arguing that its refusal to fund the Christian Legal Society violated the First Amendment.  The Ninth Circuit and Supreme Court rejected that argument. 

CLS also made an alternative argument in the Supreme Court that Hastings had applied its policies in an unconstitutional manner (the "pretext" argument).  The Supreme Court noted that none of the lower courts had expressed an opinion on this argument, so remanded the case for consideration of this argument "if, and to the extent, it is preserved."

The Ninth Circuit holds today that this argument wasn't preserved -- indeed, wasn't even made at all in the Ninth Circuit.  And is totally, completely, a thousand percent right.  Plaintiffs have extremely good advocates representing them.  They made a deliberate choice to raise only particular arguments.  They lost.  Their later claim that they raised additional arguments is simply untrue.  The Ninth Circuit gets this one exactly right.  It is a such a crush in this regard that plaintiff's counsel might even be a little embarrassed that they feel forced to argue otherwise.  Unless, of course, they've convinced themselves of the truth of their (totally erroneous) claims to the contrary.  Which, as we all know, happens all too often.

By the way, it's a per curiam -- and hence unsigned -- opinion, but it might as well be signed.  I'll eat my shorts if Judge Kozsinki isn't the author of this one.  Seriously.

Full post as published by California Appellate Report on November 17, 2010 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0124 secs (new cache)