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Yep, it's binding in the 9th Circuit. Can be cited in other
Circuits, which they would take into account, but doesn't bind them.
Note that "binding" is often more theory than fact, since there are
ways to get around a binding decision (distinguish it -- facts in
this case are somewhat different from facts in that case -- or
sometimes outright ignore it, or call for en banc review by all the
judges in the circuit and try to get them to overrule the prior
decision). And a well-reasoned opinion from one circuit can carry
weight in others. And a circuit split, where some circuits go one way
and others go another, is a good basis for asking the Supreme Court
to take it on and settle the issue. orchidhunter
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