• California Supreme Court,  Constitutional Law,  Judges,  Ninth Circuit

    California Supreme Court to the Ninth: Can’t You Read?

    Back in August, I covered the case of Fantasyland Video v. County of San Diego, case no. 05-56026 (9th Cir. Aug. 7, 2007), in which the Ninth asked the California Supreme Court to answer a certified question asking for the standard of review to apply to the constitutionality (under the California Constitution) of hours-of-operation restrictions on “adult entertainment establishments.” The Ninth appeared to be telling the California Supreme Court that its jurisprudence on the issue is, shall we say, less than crystal clear. I wrote: Another thing I like about this request from the Ninth Circuit is that it doesn’t claim there are no California cases on point. It says…