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Opinion

916 F.3d 783

U.S. Court of Appeals for the Ninth Circuit · 2019-02-26

· GavelSight synced 2026-09-06 03:39:21

GRABER, Circuit Judge, concurring:
I concur in full in the opinion. I write separately only to state my view that the conclusion we reach in Part II-B is less tenuous than the opinion makes it sound. I agree entirely with the Eighth Circuit's reasoning in Bierman v. Dayton , 900 F.3d 570, 574 (8th Cir. 2018), a case similar to ours. I would follow the Eighth Circuit's analysis and hold that, with respect to Plaintiffs' associational rights, there is no "meaningful distinction" between this case and the Supreme Court's decision in Minnesota State Board for Community Colleges v. Knight , 465 U.S. 271, 104 S.Ct. 1058, 79 L.Ed.2d 299 (1984). Bierman , 900 F.3d at 574. Accordingly, we are bound by Knight . Agostini v. Felton , 521 U.S. 203, 237, 117 S.Ct. 1997, 138 L.Ed.2d 391 (1997).

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