This has already been settled by SCOTUS, and the 9th circuit can take a flying leap/
“This has already been settled by SCOTUS, and the 9th circuit can take a flying leap/“
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I thought so also. But in this 3-JUDGE PANEL, two judges (both Clinton appointees) decided it hadn’t been settled. The 3rd judge (a Trump appointee) dissented and apparently remembered the earlier decision that is was OK.