Split 9th Circ. Won’t Hear Ruling Invalidating Immigration Law – Law360

By Dorothy Atkins (July 25, 2022, 8:13 PM EDT) -- A split Ninth Circuit refused Monday to reconsider a panel's finding that invalidated a law that makes it a crime to encourage unlawful immigration, with a judge writing in dissent that the opinion misinterprets the statute and employs the "nuclear option" by finding that the law infringes free speech rights.

In a 33-page dissent joined by five Ninth Circuit judges, plus two judges who dissented in part, U.S. Circuit Court Judge Patrick J. Bumatay wrote that the three-judge panel's February opinion misreads the "text, history and structure" of the 70-year-old criminal statute, and misconstrues it to broadly apply beyond an "ordinary"...

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Split 9th Circ. Won't Hear Ruling Invalidating Immigration Law - Law360