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21 May 2008, 7:54 pm by Peter Nicolas
openelementIn brief, all three judges on the panel found the policy to be constitutionally infirm.The plaintiff raised both substantive due process and equal protection claims.The two judges writing in the majority held as follows:(1) Substantive due process claim: The judges concluded that Lawrence v. [read post]
21 May 2008, 7:33 pm
The AP reports: It's the first appeals court ruling in the country that evaluates "don't ask, don't tell" in light of Lawrence v. [read post]
21 May 2008, 4:46 pm
§ 654's "Don't Ask, Don't Tell" policy.The principal issue in Witt is what level of scrutiny applies to a substantive due process challenge to Don't Ask, Don't Tell. [read post]
21 May 2008, 11:03 am
The military’s “Don’t Ask, Don’t Tell” (”DADT”) policy on homosexual service members is put through the wringer in Witt v. [read post]
21 May 2008, 11:00 am
Taking direction from what the Supreme Court decided in Lawrence and Sell, we hold that DADT, after Lawrence, must satisfy an intermediate level of scrutiny under substantive due process, an inquiry that requires facts not present on the record before us.Senior Circuit Judge William C. [read post]
21 May 2008, 10:05 am
The Ninth Circuit handed down a decision today concluding that the military's "Don't Ask, Don't Tell" policy should be subject to heightened scrutiny under Lawrence v. [read post]
20 May 2008, 1:35 pm
One has noticed in books by reporters that they - - unlike what lawyers are trained to do - - tell stories without focusing much on the dates when things occurred. [read post]
17 May 2008, 5:03 am
  Want to tell someone about your recent trip to England? [read post]
16 May 2008, 8:35 pm
Last week I was speaking with Lawrence Hooper of Loladex and he used a phrase that's been sticking in my head. [read post]
16 May 2008, 12:43 pm
Herewith some observations about the California Supreme Court's marriage decision. . . [read post]
9 May 2008, 1:10 pm
*R:My FilesBlogspotBlogltr.OtherLessonofMunich.doc* * This posting represents the personal views of Lawrence R. [read post]
9 May 2008, 1:10 pm
*R:My FilesBlogspotBlogltr.OtherLessonofMunich.doc* * This posting represents the personal views of Lawrence R. [read post]
1 May 2008, 7:47 am
., said that for years doctors have been forced to tell women whose families have a history of breast cancer to refuse genetic testing for fear of discrimination. [read post]