The Raich medical marijuana case has finally been redecided by the Ninth Circuit, nearly two years after it was remanded by the Supreme Court in Gonzales v. Raich. Judge Pregerson wrote the opinion, joined by Judge Paez, denying injunctive relief. Judge Beam, visiting from the Eighth Circuit, concurs in the result but "dissent[s] from the court’s expansive consideration of the doctrine of common law necessity as well as from several of the factual findings and legal conclusions applied to this issue and other claims before the court."

In other Ninth Circuit action, the court decided issues on the crime-fraud exception to the attorney-client privilege in the ongoing Napster case.