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Friday, November 06, 2009
Catholic League v. San Francisco
When the Thomas More Law Center sued the City of San Francisco for condemning a Catholic Church policy on adoption, I opined that "the case seems pretty unlikely to get off the ground." I was right and wrong, mostly wrong. The plaintiffs claim was dismissed at the 12(b)(6) stage and that dismissal was affirmed by a unanimous panel of the Ninth Circuit. But the Ninth Circuit has now granted rehearing en banc, suggesting that enough judges see enough of a problem here that they want a large minority of the circuit to get involved.
Why? I don't fully understand yet, but I will read the panel opinion more carefully and see if I can figure out what's going on.
Posted by Will Baude on November 6, 2009 at 11:18 AM in Religion | Permalink
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