United States Ninth Circuit

In a First Amendment challenge to the Department of Veterans Affairs' (VA) denial of entry to one of their facilities for the purpose of registering voters, rulings against plaintiffs are affirmed where: 1) contrary to the ruling below, plaintiffs have standing; but 2) nevertheless, plaintiffs failed to demonstrate that the VA's application of a regulation to them violated the First Amendment. (Amended opinion)

Appellate Information

• Argued 06/12/2008
• Decided 12/22/2008
• Published 12/22/2008

Judges

• Before:  HAWKINS and SUSAN P. GRABER, Circuit Judges, and JAMES V. SELNA, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Scott Rafferty, Washington, D.C., for the plaintiffs-appellants.


• For Appellees:
  
• Owen P. Martikan, Assistant United States Attorney, San Francisco, CA, for the defendants-appellees.