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" ... Newsflash…it’s 2015, and it might be time to reexamine the idea of unpublished opinions. For many years, having an opinion go unpublished meant that it was literally hidden from lawyers because it was not published in an official reporter. Now unpublished opinions readily appear in online databases. As a result, unpublished opinions are not unpublished in the sense that no one has access to them, but are simply not published in an official reporter and hold less or no precedential value with courts. ... "
" ... On February 24, the United States Supreme Court heard arguments on the case. Ironically, over 50 existing pipelines already cross the Appalachian Trail at various locations, but opponents say they either are on state land or private land, or had received permits that predate the 1968 federal designation of the Appalachian Trail, and are, therefore, not relevant or precedential to the present dispute. ... "
" ... Those of us who have a constitutional aversion to compelled speech might be tempted to root for en banc review. This case may not be the best vehicle for progressive cities like San Francisco and activist groups like Public Citizen to achieve a precedent favoring government intervention. The brevity of and the dismissive statements in the Ninth Circuit's opinion could reflect a belief on the court that San Francisco was out on a limb and out of its league with this ordinance. There might be a better than average chance that First Amendment fans would get a more definitive (and precedential) ruling on the issues noted above. ... "
" ... “The Raich Court delved deep into its precedential history to reach the conclusion that such purely intrastate activity was nonetheless illegal under federal law,” says Holland. ... "