Supreme Court cert petition in Gilmore v. Gonzales

I’ve decided to appeal the 9th Circuit ruling to the Supreme Court.

(We tried asking for reconsideration and got zero votes from the judges. It seems they’ve pigeonholed me into the “nuisance suit” category; they went through the motions, but didn’t take the case seriously. My opinion of the judicial branch is at an all-time low. I’ve seen the justice system turn out actual justice many times, but these judges chose not to do that. In this case as in so many others, judges are letting the Executive Branch destroy the fundamental underpinnings of free societies, while finding any lame excuse to discard the few legal challenges.)

I’m looking for help from the legal blog community. I can find so many things “wrong with” the 9th Circuit’s ruling that it’s hard to choose the best grounds for appeal. The problems range from ignoring inconvenient facts in the record that blow their reasoning (Southwest flatly refused me passage without offering me the option of a physical search; yet the physical search was all that saved the constitutionality of the ID demand). And bald unsupported conclusions of law, like deciding that the constitutional right to travel is never infringed “given that other forms of travel remain possible”. Is freedom of movement a right that can only be enforced after it’s extinguished? (I haven’t mentioned the major procedural problems.)

I’m asking you to read the case documents, particularly the Ninth Circuit Opinion (435 F.3d 1125) and the subsequent Petition For Rehearing. What did this ruling do to the right to travel? To the right to be free of vague and secret laws? To the public’s ability to decline government “requests” or demands for ID?

And then what among those issues is ripe for revision by the Supreme Court? Which issues are there circuit splits about? Or obvious implications elsewhere?

We’ll be posting our own lists shortly, as well as posting outlines of our arguments, and eventual drafts of our Supreme Court petition for cert. Come help!

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