Opinion

Barnes-Wallace v. City of San Diego

607 F.3d 1167
2010 U.S. App. LEXIS 11254
2010 WL 2197434

Court: Court of Appeals for the Ninth Circuit
Filed: Jun 3, 2010
Status: Published
Author: Kleinfeld
On the bench: Canby, Kleinfeld, Berzon
Cited by: 2 cases

The opinion

*1178 KLEINFELD, Circuit Judge,

concurring:

I continue to dissent from the portion of the order filed on June 11, 2008 holding that the plaintiffs have standing for Article III purposes. My view stated in my dissent to that order is that they do not.

Without standing, there is no federal jurisdiction, and thus no authority to certify. However, assuming that there is standing, I concur in the order certifying questions to the California Supreme Court.

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