The unanimous Ninth Circuit en banc opinion is relatively brief and relies to a substantial degree on the deferential standard of review applicable to appellate review of district court orders granting or denying injunctions, consistent with Judge Kleinfeld’s questioning during the oral argument yesterday. On the merits of the issues the opinion makes all the same points that Judge Kozinski made during the argument.
The decision is clearly the one at which the original panel should have arrived. Regarding the original panel decision, the immortal words of Emily Litella apply. Above is a collection of Gilda Radner characters not including Emily, but they all raise a smile.
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