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canada goose clearance By Alison Frankel Sometimes, the best way to understand the broad implications of a court decision isn to read the ruling itself but rather the dissent. Supreme Court decision in Windsor v. The majority ruling was carefully constrained, but a furious Scalia predicted that the stirring language of Justice Anthony Kennedy opinion would reverberate more loudly in the lower courts than the actual holding. As we now know from decisions all over the country striking down restrictions buy canada goose jacket cheap on same sex marriage, Scalia was right. Circuit Court of Appeals issued Tuesday, just two days short of Windsor one year canada goose coats anniversary, take a look at the dissent written by Judge Diarmuid O and joined by Judges Jay Bybee and Carlos Bea. O posits that his colleagues decision in the case, GlaxoSmithKline v. Abbott Laboratories, the survival under the federal Constitution of long standing laws treating marriage as the conjugal union between a cheap canada goose uk man and a woman. But it even more drastic than that, according to buy canada goose jacket the dissent: The appellate decision has canada goose clearance sale changed the standard for evaluating all laws targeting gays and lesbians, the dissent said, far reaching and mischievous consequences. If the 9th Circuit dissenters turn out to be as good at fortune telling as Scalia, states in the Western swath of this country California, Oregon, canadian goose jacket Washington, Montana, Idaho, Nevada, Arizona, Hawaii and Alaska won be able to curtail equal rights based on sexual orientation, even if the states think they have a rational basis for doing so. That a much farther reaching holding even than the 10th Circuit decision Wednesday that Utah ban on same sex marriage is unconstitutional and for gay rights proponents, it Canada Goose Online quite an anniversary present. It true, as the 9th Circuit dissenters pointed out, that Canada Goose Parka the 9th Circuit used an unusual vehicle to deliver it. The underlying case, as I explained in a previous column, involved a pharmaceutical antitrust dispute in which GlaxoSmithKline accused Abbott Laboratories of illegally jacking up the price of some HIV medications. When the case went uk canada goose to trial, Abbott lawyers https://www.canadagooseoutletstore.co.uk struck a prospective juror whose responses to questions suggested that he might be gay. GSK appealed the jury verdict because it said (among other things) that Abbott violated canada goose uk black friday Supreme Court Canada Goose Outlet precedent on improper discrimination in jury selection. Last January, a three judge panel of the 9th Circuit canada goose black friday Canada Goose online sided with Glaxo, but didn stop there. The opinion, by Judge Stephen Reinhardt, said that after the Supreme Court Windsor decision, lower courts must evaluate laws targeting gays and lesbians with scrutiny, applying the strict test that protects the canada goose store equal cheap Canada Goose rights of groups such as women canada goose coats on sale and racial minorities and not the less stringent basis review that the 9th Circuit previously used in considering laws based on sexual orientation. Reinhardt acknowledged that the Supreme Court didn quite spell out in Windsor that it was using heightened scrutiny to strike down the federal Defense of Marriage Act. But, he said, its words and its deed, Windsor established a level of scrutiny for classifications based on sexual orientation that is unquestionably higher than rational basis review. In other words, Windsor requires that heightened scrutiny be applied to equal protection claims involving sexual orientation. canada goose clearance Abbott spinoff AbbVie announced in March that it would not ask for any further review of the panel decision, which would have left Reinhardt opinion intact as the law of the 9th Circuit. Then, however, something unusual happened. An unidentified judge or judges on the 9th Circuit called for all of the active judges of the court to vote on whether to rehear the case en banc. The court ordered AbbVie to submit a brief, even though the company had said it did not want the appeal to proceed. AbbVie brief argued that the 9th Circuit should leave in place the panel determination that laws based on sexual orientation should be uk canada goose outlet subject to heightened scrutiny, but that the court should review Reinhardt decision because the appellate panel erroneously found that Abbott discriminated against a juror on the basis of his sexual orientation. (Glaxo, of course, argued against additional review.) Tuesday canada goose factory sale decision by the 9th Circuit Canada Goose sale rejects the en banc rehearing, without any additional explanation from the judges who decided not to take the case. The only commentary came from O and his two fellow dissenters, who lamented that an antitrust dispute Canada Goose Coats On Sale had somehow into a constitutional essay about equal protection and sexual orientation. The decision Canada Goose Jackets leaves canada goose black friday sale heightened canada goose uk outlet scrutiny as the rule of the land in the 9th Circuit, unless AbbVie decides to ask the Supreme Court to review the case. Only AbbVie has constitutional standing to appeal canada goose the 9th Circuit holding. I contacted a corporate representative to ask about the company canada goose uk shop plans; in an email, he declined to comment. Even O though, predicted that AbbVie probably won take the case any farther, considering that it wanted to drop the appeal before it reached the entire 9th Circuit. Gay right proponents me included should hope this isn the only prediction O gets right canada goose clearance.