Brian Boquist’s 2nd Day in Circuit Court

The Ninth Circuit originally ruled in Senator Brian Boquist’s favor in Boquist v Courtney back in 2022. The case stems from the Oregon Senate’s response to Boquist’s famous “send bachelors” one-liner where he became required to give the body a 12-hour notice before entering the Capitol building. The Oregon District Court didn’t initially buy Boquist’s First Amendment argument, but, upon remand from the Ninth, the District Court awarded Boquist nominal damages,
declaratory relief, and attorneys’ fees.

Senate Democrats appealed that new Oregon District Court decision and this new ruling by the Ninth Circuit rules in their favor. Why? I’m no lawyer, so reading the technical aspects of the opinion, it may be a legitimate application of qualified immunity and standing doctrine. I’m not qualified to second judge that.

However, I can also see that Joe Biden has made eight appointments to the Ninth Circuit. Did that impact the difference between the 2022 decision and Boquist’s loss two years later? I don’t know, but, when in doubt, I prefer a Republican president doing the appointing.

Eric Shierman lives in Salem and is the author of We were winning when I was there.