Tuesday, September 06, 2016

Oregon Rest. & Lodging Ass'n v. Perez (9th Cir. - Sept. 6, 2016)

Whenever anyone asks you for the political composition of the Ninth Circuit, here's something you can cite.

It's a left-leaning FLSA opinion.  Ten judges disagree: "O’SCANNLAIN, Circuit Judge, with whom KOZINSKI, GOULD, TALLMAN, BYBEE, CALLAHAN, BEA, M. SMITH, IKUTA, N.R. SMITH, Circuit Judges, join, dissenting from the denial of rehearing en banc:"

That's every judge appointed by a Republican president (except Judge Clifton) alongside Judges Gould and Tallman.

Ten judges, of course, is a fair piece removed from a majority of the 28 active judges currently on the Ninth Circuit.