Banner University v. Gordon (CA2 5/29/20)

We have elected not to blog this — at least not yet — for one or more reasons set forth in our FAQ. It is a follow-up to Kopp.  The nature of the majority’s analysis reminds one of that case for reasons that are clear enough given who the players are. You may want to read the dissent first in order to be reminded of the traditional view before wading into the majority’s baroque analysis.