Friday, Sept. 21st, Donald Kilmer filed the reply brief. Briefing is now complete and we await assignment for a date of the oral arguments.
This brief was perhaps the most powerful brief, to date, that I have read from Don.
What we will now see is if the theories advanced by the Pltfs/Appellants will sway the 9th Circuit, or if they will hold that no State action can restore a fundamental right. That would be contrary to the law, as it is written.