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Anti-Abortion Litigation at Warp Speed

Strict Scrutiny

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The Ninth Circuit's Decision in Twitter v. Gonzalez

The court basically distills a case called Halberstan and relies heavily on early common law approaches to aiding and abetting liability. The court explained that given the lack of any concrete nexus between the defendant's services and this attack, the plaintiff's claims would necessarily hold defendants liable as having aided and abetted like each and every ISIS terrorist attack committed anywhere in the world. And that's something the court was just not willing to sign on to.

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