Robert Kennedy, Jr. v. Elizabeth Warren

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ROBERT F. KENNEDY, Jr., a citizen No. 22-35457 of New York; JOSEPH MERCOLA, MD, a citizen of Florida; RONALD D.C. No. CUMMINS, a citizen of Minnesota; 2:21-cv-01508-

CHELSEA GREEN PUBLISHING, BJR

INC., a Vermont corporation, Plaintiffs-Appellants,

OPINION

v.

ELIZABETH WARREN, Senator, United States of America, in official and in personal capacity, Defendant-Appellee.

Appeal from the United States District Court for the Western District of Washington Barbara Jacobs Rothstein, District Judge, Presiding

Argued and Submitted January 9, 2023 Pasadena, California

Filed May 4, 2023

Before: Paul J. Watford, Michelle T. Friedland, and Mark J. Bennett, Circuit Judges. 2 KENNEDY, JR. V. WARREN

Opinion by Judge Watford; Concurrence by Judge Bennett

SUMMARY *

Standing / Preliminary Injunction / First Amendment

The panel affirmed the district court’s order denying plaintiffs’ request for a preliminary injunction that challenged a letter sent by Senator Elizabeth Warren to Amazon’s Chief Executive Officer requesting that the online…