Chief Judge Kozinski said "Jump" in early 2009 in an internal (Ninth Circuit) same-sex partner benefits case. Rather than say "How high?" the Office of Personnel Management said "No thanks. We don't feel like it." Leading Judge Kozinski to say later that year: "No. I'm serious. Jump."
Fast forward three years, and there's still a dispute about jumping. Here's the latest installment. OPM still doesn't feel like jumping, and filed an appeal of Judge Kozinski's order. After briefing (and intervention by a component of the House of Representatives), there was a request to take the case en banc even before a panel heard it.
No dice. Not a single judge agreed. Which is not surprising at all.
So the case will get argued in the usual schedule; here, in San Francisco in September. Lovely time and place for it, I might add.
