Monday, September 13, 2010

Khatib v. County of Orange (9th Cir. - Sept. 13, 2010)

The Ninth Circuit held last year that a holding cell at the massive Orange County facility was not an "institution" governed by the federal Religious Land Use and Institutionalized Persons Act, and it was accordingly not a potential violation of that Act to force a Muslim woman to remove her hijab (headscarf). Chief Judge Kozinski dissented, and I discussed the case here.

Today the Ninth Circuit takes the case en banc. Which, particularly given the other facts we know, tends to suggest where this one's headed. Assuming a not-unusual draw for the en banc panel.

Stay tuned.