original 3 judge panel rules for plaintiff. court denies rehearing en banc yesterday.

(http://www.autoadmit.com/thread.php?thread_id=5845571&forum_id=2.#49743249)

trump appointee vandyke (oklahoma state --> harvard law)

starts his dissent as follows, talking about swinging dicks, "woke" regulators, and complicit judges:

1

Olympus Spa, et al. v. Armstrong, et al., No. 23-4031

VANDYKE, Circuit Judge, dissenting from the denial of rehearing en banc:

This is a case about swinging dicks. The Christian owners of Olympus Spa—a traditional Korean, women-only, nude spa—understandably don’t want them in their spa. Their female employees and female clients don’t want them in their spa either. But Washington State insists on them. And now so does the Ninth Circuit.

You may think that swinging dicks shouldn’t appear in a judicial opinion. You’re not wrong. But as much as you might understandably be shocked and displeased to merely encounter that phrase in this opinion, I hope we all can agree that it is far more jarring for the unsuspecting and exposed women at Olympus Spa—some as young as thirteen—to be visually assaulted by the real thing.

Sometimes, it feels like the supposed adults in the room have collectively lost their minds. Woke regulators and complicit judges seem entirely willing, even eager, to ignore the consequences that their Frankenstein social experiments impose on real women and young girls. Yet if harmful and unfortunate consequences were all this case was about, we’d have to shrug and say: “That’s what comes with living in a democracy.” Unless the Constitution is implicated, we get what we voted for “good and hard.”1

1 H.L. MENCKEN, A LITTLE BOOK IN C MAJOR 19 (John Lane Co., 1916)

(“Democracy is the theory that the common people know what they want, and

deserve to get it good and hard.”).

(http://www.autoadmit.com/thread.php?thread_id=5845571&forum_id=2.#49743258)

https://cdn.ca9.uscourts.gov/datastore/opinions/2025/05/29/23-4031.pdf

(http://www.autoadmit.com/thread.php?thread_id=5845571&forum_id=2.#49743259)

Olympus Spa, et al. v. Armstrong, et al., No. 23-4031

McKEOWN, Senior Circuit Judge, joined by MURGUIA, Chief Judge,

HAWKINS, S.R. THOMAS, GRABER, FLETCHER, PAEZ, BERZON,

CLIFTON, BYBEE, and HURWITZ, Senior Circuit Judges, WARDLAW,

GOULD, RAWLINSON, M. SMITH, CHRISTEN, NGUYEN, FRIEDLAND,

MILLER, KOH, SUNG, SANCHEZ, H.A. THOMAS, MENDOZA, DESAI,

JOHNSTONE, and DE ALBA, Circuit Judges, respecting the denial of rehearing

en banc:

The American legal system has long been regarded as a place to resolve disputes in a dignified and civil manner or, as Justice O’Connor put it, to “disagree without being disagreeable.”1 It is not a place for vulgar barroom talk. Nor is it a place to suggest that fellow judges have “collectively lost their minds,” or that they are “woke judges[]” “complicit” in a scheme to harm ordinary Americans. That language makes us sound like juveniles, not judges, and it undermines public trust in the courts. The lead dissent’s use of such coarse language and invective may make for publicity or entertainment value, but it has no place in a judicial opinion. The lead dissent ignores ordinary principles of dignity and civility and demeans this court. Neither the parties nor the panel dissent found it necessary to invoke such crude and vitriolic language. Decorum and collegiality demand more.

(http://www.autoadmit.com/thread.php?thread_id=5845571&forum_id=2.#49743299)

(http://www.autoadmit.com/thread.php?thread_id=5845571&forum_id=2.#49743396)

I actually don't think this at all

(http://www.autoadmit.com/thread.php?thread_id=5845571&forum_id=2.#49743641)

Regarding the dissenting opinion of Judge VanDyke: We are better than this. [that's the full concurrence]

(http://www.autoadmit.com/thread.php?thread_id=5845571&forum_id=2.#49743661)

Does anyone know if he's a GOPe cuck on consumer/4A-type issues? That's always been the problem with gop judges.

(http://www.autoadmit.com/thread.php?thread_id=5845571&forum_id=2.#49744478)

He did the video dissent on one 2A case, and then on another, wrote the majority panel opinion striking down the law and then concurred with himself writing a paint-by-numbers en banc opinion overruling himself -- to "save the en banc court some time" -- and pointed out in FNs how weak and motivated and stupid the logic was.

(http://www.autoadmit.com/thread.php?thread_id=5845571&forum_id=2.#49745088)

Wilvich is a man who identifies as female, has twice been married to women, and

remains sexually attracted to women.

4

4 By his own account, Wilvich is sexually attracted to women. “I enjoy dating

women and enbies in a way that I just don’t get the same fulfillment with men.” Sex

and Dating Updates, Finding Haven (Feb. 20, 2022),

https://findinghaven.blog/2022/02/20/sex-and-dating-updates/

[https://perma.cc/5JSQ-R8CP].

(http://www.autoadmit.com/thread.php?thread_id=5845571&forum_id=2.#49744502)

I genuinely don't understand the majority position in this case.

(http://www.autoadmit.com/thread.php?thread_id=5845571&forum_id=2.#49744522)

written this dissent. My distressed colleagues appear to have the fastidious

sensibilities of a Victorian nun when it comes to mere unpleasant words in my

opinion, yet exhibit the scruples of our dearly departed colleague Judge Reinhardt

when it comes to the government trampling on religious liberties8 and exposing

women and girls to male genitalia.

9 That kind of selective outrage speaks for itself.

The public deserves a court that is actually trustworthy. We should be earning that

trust, not demanding it like petty tyrants.

(http://www.autoadmit.com/thread.php?thread_id=5845571&forum_id=2.#49744533)

Korean spas provide services incorporating hundreds of years of Korean cultural tradition going back to the Choson dynasty (1392–1910). Traditional Korean spa therapy focuses on rejuvenating the body and mind through treatments, massages, and full-body scrubs in communal bathhouses and steam rooms called jjimjilbang.

Korean spas are uniquely intimate environments: Patrons must be nude in the communal bathhouse and sauna areas, and unlike other spas, patrons are not given robes or towels for covering up. Patrons must also remain fully nude to receive traditional Korean spa services like seshin, a traditional Korean body scrub of the entire body. After soaking in a warm pool, customers are scrubbed head-to-toe to promote holistic health and to exfoliate the skin. Seshin is performed by ddemiri, individuals who are trained in the Korean art of body scrub using traditional techniques. Ddemiri intimately touch patrons for prolonged periods as they scrub them all over their bodies. And all of this occurs in a large communal area, where all the patrons must be naked. Given the intimate nature, Korean spas not surprisingly separate male and female customers.

(http://www.autoadmit.com/thread.php?thread_id=5845571&forum_id=2.#49744671)

no way to block the floppy cocks by using a private club model?

did they fuck up at all by allowing post-op trannies rather than barring all penis-havers-at-birth?

(http://www.autoadmit.com/thread.php?thread_id=5845571&forum_id=2.#49744703)

https://en.wikipedia.org/wiki/Lawrence_VanDyke

(http://www.autoadmit.com/thread.php?thread_id=5845571&forum_id=2.#49744768)

https://en.wikipedia.org/wiki/Lawrence_VanDyke

VanDyke was born in 1972 in Midland, Texas, and grew up in Bozeman, Montana.[2] After attending Oklahoma Christian University from 1992 to 1995, VanDyke studied civil engineering at Montana State University, graduating in 1997 with a Bachelor of Science with highest honors. He worked for his family's construction company and did graduate study at Montana State for the next three years, receiving a Master of Construction Engineering Management degree in 2000.[3]

VanDyke graduated from Bear Valley Bible Institute, a Bible college in Denver, Colorado, in 2002 with a Bachelor of Theology degree, summa cum laude. He then attended Harvard Law School, where he was an editor of the Harvard Law Review and the Harvard Journal of Law and Public Policy. He graduated in 2005 with a Juris Doctor, magna cum laude.[4]

Legal career

edit

VanDyke was in private practice at the law firm Gibson Dunn from 2005 to 2006, then served as a law clerk to judge Janice Rogers Brown of the U.S. Court of Appeals for the District of Columbia Circuit from 2006 to 2007. He returned to Gibson Dunn from 2007 to 2012. While in private practice, VanDyke performed pro bono legal work for groups including the American Civil Liberties Union, the Free Market Foundation, and the Alliance Defending Freedom.[5][6] In 2010, VanDyke filed an amicus brief in Christian Legal Society v. Martinez on behalf of Gays and Lesbians for Individual Liberty, in which he argued that a college student group had a First Amendment right to exclude from membership students whose sexual conduct violated the group's stated beliefs.[7]

From 2012 to 2013, VanDyke was an assistant to the Solicitor General of Texas. He was then appointed the Solicitor General of Montana but resigned in 2014, citing strain in the workplace.[8][9] As Solicitor General of Montana, he submitted numerous amicus curiae briefs filed in other states. He recommended signing on to other states' challenges to state and federal gun laws, co-wrote a brief supporting an Arizona law prohibiting abortions after 20 weeks, and recommended that Montana file a brief in a New Mexico case involving a photographer who refused to photograph a lesbian commitment ceremony.[10]

VanDyke unsuccessfully ran for a seat on the Montana Supreme Court in 2014, losing to incumbent Justice Mike Wheat.[11] He became Solicitor General of Nevada under Attorney General Adam Laxalt in 2015, where he served until 2019 when he became a deputy Assistant Attorney General for the United States Department of Justice Environment and Natural Resources Division.[12]

Since graduating law school, VanDyke has been a member of the Federalist Society.[3]

(http://www.autoadmit.com/thread.php?thread_id=5845571&forum_id=2.#49744767)

(http://www.autoadmit.com/thread.php?thread_id=5845571&forum_id=2.#49745372)