## Monday, July 14, 2008

### Berger v. City of Seattle (9th Cir. - July 14, 2008)

I hate to see really good opinions (and dissents) go away after a case gets taken en banc. Especially in this case, which I briefly discussed here.

That said, (1) I'm not at all surprised that this one got taken en banc today-- it's an important (and close) issue, and (2) I have a keen sense that you'll see these same arguments -- and, assuming an appropriate draw, perhaps virtually the same opinions -- reappear after the en banc process concludes.

Stay tuned.