Last year, in a high-profile case (and opinion), a Ninth Circuit panel held that A.B. 5 -- passed essentially to try to classify Uber and Lyft drivers as employees rather than independent contractors (something that Proposition 22 later reversed) -- was likely unconstitutional under the Equal Protection Clause, despite the fact that the standard of review was rational basis. The opinion was written by Judge Rawlinson, with Judge Forrest and Senior District Judge England joining the opinion.
Today, the en banc court disagrees, and holds that A.B. 5 was constitutionally validwas constitutionally valid. The vote: 11-0.
Kind of a crush.
