http://www.freerepublic.com/tag/9thcircuit/ en-us Wed, 6 Jan 2010 01:54:34 GMT Focus Forum 15 http://www.freerepublic.com/focus/f-news/2421859/posts OLYMPIA, Wash. -- A federal appeals court has ruled that imprisoned felons should be allowed to vote in Washington state to ensure that racial minorities are protected under the Voting Rights Act. Tuesday's 2-1 ruling by a three-judge panel of the 9th U.S. Circuit Court of Appeals overturned the 2000 ruling of a district judge in Spokane. That judge had ruled that state law did not violate the act, and dismissed a lawsuit filed by a former prison inmate from Bellevue. The two appellate judges ruled that disparities in the state's justice system "cannot be explained in race-neutral ways." FoxNews.com http://www.freerepublic.com/focus/f-news/2421859/posts#comment Wed, 6 Jan 2010 01:54:34 GMT http://www.freerepublic.com/focus/f-news/2390515/posts SAN FRANCISCO -- The chief federal appeals court judge in San Francisco bluntly ordered the Obama administration Thursday to stop resisting his finding that the wife of a lesbian court employee was entitled to government insurance coverage. The federal agency that oversees benefits for government employees "shall cease at once its interference with the jurisdiction of this tribunal," Judge Alex Kozinski said in response to the Office of Personnel Management's rejection of his earlier ruling in the case. He told the agency to let Karen Golinski, a staff attorney at the court's headquarters in San Francisco, enroll her wife, Amy... San Francisco Chronicle http://www.freerepublic.com/focus/f-news/2390515/posts#comment Fri, 20 Nov 2009 05:14:39 GMT http://www.freerepublic.com/focus/f-news/2388521/posts The stage is being set for a major ruling from the 9th U.S. Circuit Court of Appeals on the question of whether the United States judiciary actually can enforce the provisions of the U.S. Constitution. The basic question is being raised as an appeal is being assembled to a district judge's decision to dismiss at legal challenge to President Barack Obama's occupancy in the Oval Office based on claims he doesn't even qualify for the position under the requirements of the U.S. Constitution. WND previously reported when U.S. District Judge David Carter decided to dismiss the complaint that listed several... WorldNetDaily http://www.freerepublic.com/focus/f-news/2388521/posts#comment Tue, 17 Nov 2009 22:22:07 GMT http://www.freerepublic.com/focus/f-news/2373348/posts A panel concludes its investigation of the 9th Circuit's chief judge after he says he has stopped e-mailing his 'gag list.' No action is taken against him.Alex Kozinski, chief judge of the U.S. 9th Circuit Court of Appeals, has apologized for having maintained an e-mail "gag list" in which he distributed crude jokes and other humorous material, according to an opinion made public Tuesday. Kozinski was admonished earlier this year in a separate case for being "judicially imprudent" and "exhibiting poor judgment" by placing sexually explicit photos and videos on an Internet server that could be accessed by the public.... Los Angeles Times http://www.freerepublic.com/focus/f-news/2373348/posts#comment Thu, 29 Oct 2009 01:18:12 GMT http://www.freerepublic.com/focus/f-news/2332536/posts BOISE, Idaho - A federal appeals court delivered a stinging rebuke Friday to the Bush administration’s post-Sept. 11 detention policies, ruling that former Attorney General John Ashcroft can be held liable for people who were wrongfully detained as material witnesses after 9/11. A three-judge panel of the 9th U.S. Circuit Court of Appeals said the government’s improper use of material witnesses after Sept. 11 was “repugnant to the Constitution and a painful reminder of some of the most ignominious chapters of our national history.” The court found that a man who was detained as a witness in a federal terrorism... AP http://www.freerepublic.com/focus/f-news/2332536/posts#comment Fri, 4 Sep 2009 23:55:54 GMT http://www.freerepublic.com/focus/f-news/2332440/posts BOISE, Idaho – A federal appeals court delivered a stinging rebuke Friday to the Bush administration's post-Sept. 11 detention policies, ruling that former Attorney General John Ashcroft can be held liable for people who were wrongfully detained as material witnesses after 9/11. A three-judge panel of the 9th U.S. Circuit Court of Appeals said the government's improper use of material witnesses after Sept. 11 was "repugnant to the Constitution and a painful reminder of some of the most ignominious chapters of our national history." The court found that a man who was detained as a witness in a federal terrorism... AP on Yahoo http://www.freerepublic.com/focus/f-news/2332440/posts#comment Fri, 4 Sep 2009 21:47:23 GMT http://www.freerepublic.com/focus/f-news/2332413/posts Ashcroft liable for detentions, court finds By Tony Romm - 09/04/09 04:18 PM ET Former Attorney General John Ashcroft may be sued and held liable for wrongly detaining witnesses after the Sept. 11 attacks, a federal appeals court ruled on Friday. In its decision, the 9th U.S. Circuit Court of Appeals said that Abdullah Al-Kidd, a U.S. citizen detained as a material witness for two weeks, may sue the former attorney general for breaching his constitutional rights. Al-Kidd claimed during the case that his brief imprisonment caused him to lose a scholarship and crippled his chances of finding employment, according... The Hill http://www.freerepublic.com/focus/f-news/2332413/posts#comment Fri, 4 Sep 2009 21:09:30 GMT http://www.freerepublic.com/focus/f-news/2305206/posts The 9th U.S. Circuit Court of Appeals just agreed to host another shootout over gun rights. The court decided Wednesday to review en banc a panel ruling that had significantly broadened Second Amendment protections by applying them to state and local governments. This holding, arrived at by Judge Diarmuid O'Scannlain, is at odds with other rulings from around the country -- including one penned by 2nd Circuit Judge Sonia Sotomayor. The 9th Circuit panel had still upheld an Alameda County, Calif., ordinance that forbids a gun show at a public fairground. Thus neither side had asked for en banc review.... The Recorder http://www.freerepublic.com/focus/f-news/2305206/posts#comment Fri, 31 Jul 2009 13:58:31 GMT http://www.freerepublic.com/focus/f-news/2290685/posts The most overturned appellate court has teed up another case for the Supreme Court to consider — and likely soon. The 9th Circuit overturned an injunction in a district court case, allowing the state of Washington to force a pharmacy to stock and dispense morning-after pills, which causes the abortion of an embryo in the early days of a pregnancy. The pharmacy owners had objected, claiming that the law violated their religious practice: HotAir.com http://www.freerepublic.com/focus/f-news/2290685/posts#comment Sun, 12 Jul 2009 02:35:55 GMT http://www.freerepublic.com/focus/f-news/2289250/posts A federal judge overreached when he sided with religious-freedom arguments to block Washington state’s rules mandating the sale of “morning-after” birth control, appeals judges said Wednesday. The unanimous ruling, from a three-judge panel of the 9th U.S. Circuit Court of Appeals, sends the politically thorny case back to U.S. District Court for further review. The case revolves around the drug Plan B, a contraceptive that can greatly reduce the chances of pregnancy if taken within 72 hours of unprotected sex. Some pharmacists and drugstore owners, however, say they can’t sell the pills in good conscience because they consider Plan B’s... The News Tribune (Tacoma) http://www.freerepublic.com/focus/f-news/2289250/posts#comment Thu, 9 Jul 2009 23:24:22 GMT http://www.freerepublic.com/focus/f-news/2284873/posts A panel of federal judges admonished Alex Kozinski, chief judge of the U.S. 9th Circuit Court of Appeals, on Thursday for being "judicially imprudent" and "exhibiting poor judgment" by placing sexually explicit photos and videos on an Internet server that could be accessed by the public. Kozinski's conduct had "created a public controversy that can reasonably be seen as having resulted in embarrassment to the institution of the federal judiciary," according to the panel's opinion, written by Anthony J. Scirica, chief judge of the U.S. 3rd Circuit Court of Appeals. The judges ruled, however, that Kozinski's actions did not constitute... LA Times http://www.freerepublic.com/focus/f-news/2284873/posts#comment Fri, 3 Jul 2009 15:18:54 GMT http://www.freerepublic.com/focus/f-news/2282904/posts GRANTS PASS, Ore. (AP) — A federal judge on Tuesday struck down the Bush administration's change to a rule designed to protect the northern spotted owl from logging in national forests. U.S. District Judge Claudia Wilken ruled from Oakland, Calif., that the U.S. Forest Service failed to take a hard look at the environmental impacts of changing the rule to make it easier to cut down forest habitat of species such as the spotted owl and salmon on 193 million acres of national forests. AP http://www.freerepublic.com/focus/f-news/2282904/posts#comment Wed, 1 Jul 2009 00:58:18 GMT http://www.freerepublic.com/focus/f-news/2255222/posts A male prisoner can be strip-searched by a female guard even if male officers are available, a federal appeals court has ruled. In a 2-1 decision, the Ninth U.S. Circuit Court of Appeals in San Francisco dismissed an Arizona inmate's claims that jail officials had violated his rights by having a female guard trainee search inside his shorts and pat down his genitals. The inmate, Charles Byrd, was in Maricopa County's minimum-security Durango Jail awaiting trial in October 2004 when officials ordered searches of everyone in his unit after a series of fights. Byrd was ordered to strip down to... SFGate.com http://www.freerepublic.com/focus/f-news/2255222/posts#comment Thu, 21 May 2009 03:27:07 GMT http://www.freerepublic.com/focus/f-news/2248805/posts To be honest, I haven't read it yet. But the summary in the Volokh Conspiracy blog states: "Ninth Circuit Panel Applies and Upholds the Federal Statute Preempting Various Lawsuits Against Gun Manufacturers, in Ileto v. Glock, Inc. (just handed down today)...{T]he opinion was by Judge Graber joined by Judge Reinhardt, with a partial concurrence and partial dissent by Judge Berzon." http://www.ca9.uscourts.gov/datastore/opinions/2009/05/11/06-56872.pdf http://www.freerepublic.com/focus/f-news/2248805/posts#comment Mon, 11 May 2009 21:59:18 GMT http://www.freerepublic.com/focus/f-news/2236222/posts The 9th U.S. Circuit Court of Appeals in California has ruled that the 2nd Amendment right to keep and bear arms is "deeply rooted in this nation's history and tradition" and long has been regarded as the "true palladium of liberty," so it therefore must be applied against state and local government weapon restrictions as well as federal gun limits. The ruling came in a decade-old dispute over a private operation's request to hold a gun show at a county fairground, even though the county prohibited gun possession at its facilities. The new ruling from the usually liberal 9th Circuit... worldnetdaily.com http://www.freerepublic.com/focus/f-news/2236222/posts#comment Thu, 23 Apr 2009 18:20:59 GMT http://www.freerepublic.com/focus/f-news/2234769/posts WASHINGTON — The last time a Democratic president and a Democratic Congress banned civilian sales of military-style assault weapons, it took American voters just seven weeks to rebel. They handed Republicans control of the House and the Senate for the first time in 40 years. One of the casualties in the backlash was Rep. Jack Brooks, D-Beaumont, who sponsored the ban and then promptly lost his seat in Congress in 1994 after 42 years of service. The lesson wasn’t lost on President Obama when Mexican President Felipe Calderon suggested reviving the defunct weapons’ ban to help combat drug cartel violence... Houston Chronicle http://www.freerepublic.com/focus/f-news/2234769/posts#comment Wed, 22 Apr 2009 00:23:46 GMT http://www.freerepublic.com/focus/f-chat/2234274/posts Believe it or not, the Ninth Circuit Court ruled today that the second amendment restricts the right powers of state and local governments to interfere with the individual right to gun ownership. The decison even observes that the right to bear arms is “deeply rooted in this Nation’s history and tradition.” Notes Cato Institute's Ilya Shapiro, "I rarely get a chance to say this, but the Ninth Circuit gets it exactly right." On a related matter, I just got around to Brian Doherty's Gun Control on Trial: Inside the Supreme Court Battle Over the Second Amendment. It's a terrific accounting... National Review http://www.freerepublic.com/focus/f-chat/2234274/posts#comment Tue, 21 Apr 2009 14:33:58 GMT http://www.freerepublic.com/focus/f-bloggers/2234655/posts America, Liberty has won the day today! Our Civil Rights, as stated in the Bill of Rights in the Constitution have been upheld. Today, the 9th Circuit Court of Appeals upheld the Second Amendment, the right to keep and bear arms, and incorporated that decision onto the states through the 14th Amendment. In a victory for constitutionalists and Gun Rights advocates, Judge Diarmuid O’Scannlain’s Opinion in the case Nordyke vs. King states in part the following: Examiner.com http://www.freerepublic.com/focus/f-bloggers/2234655/posts#comment Tue, 21 Apr 2009 21:50:52 GMT http://www.freerepublic.com/focus/f-news/2233526/posts Alice Marie Beard: The Ninth Circuit has apparently held, in the Nordyke case, that the Second Amendment is incorporated against the states via the Fourteenth Amendment; opinion to come shortly. I will certainly blog more when I can read the opinion. Please note the possibility of error in all such breaking news stories, posted before the opinion is read; I will certainly correct any such error as soon as possible if it turns out the initial account is indeed mistaken. The Volokh Conspiracy http://www.freerepublic.com/focus/f-news/2233526/posts#comment Mon, 20 Apr 2009 17:08:38 GMT http://www.freerepublic.com/focus/f-news/2233776/posts BELLEVUE, Wash.--(BUSINESS WIRE)--The Second Amendment Foundation today applauded the U.S. Ninth Circuit Court of Appeals in San Francisco for ruling that the Second Amendment is incorporated against the states and local governments. The majority opinion was written by Judge Diarmuid F. O'Scannlain, with a concurring opinion from Judge Ronald M. Gould, who wrote, “The right to bear arms is a bulwark against external invasion…That we have a lawfully armed populace adds a measure of security for all of us and makes it less likely that a band of terrorists could make headway in an attack on any community before more... Second Amendment Foundation http://www.freerepublic.com/focus/f-news/2233776/posts#comment Mon, 20 Apr 2009 22:47:32 GMT http://www.freerepublic.com/focus/f-news/2234163/posts Last June, the Supreme Court ruled in District of Columbia v. Heller that the Second Amendment protects an individual’s right to keep and bear arms, at least in the home for self-defense.  Here’s our own Bob Levy, who masterminded the Heller litigation, talking about that decision: While the Court’s ruling was a watershed in constitutional interpretation, it technically applied only to D.C., striking down the District’s draconian gun ban but not having a direct effect in the rest of the country.Well, today the Ninth Circuit (the federal appellate court covering most Western states) ruled that the Second Amendment restricts the power of state... Cato at Liberty http://www.freerepublic.com/focus/f-news/2234163/posts#comment Tue, 21 Apr 2009 12:10:29 GMT http://www.freerepublic.com/focus/f-news/2234404/posts (04-20) 19:10 PDT San Francisco -- A federal appeals court ruled Monday that private citizens can challenge state and local gun laws by invoking the constitutional right to bear arms - the first such ruling in the nation - but upheld a ban on firearms at gun shows at the Alameda County Fairgrounds in Pleasanton. The ruling by the Ninth U.S. Circuit Court of Appeals in San Francisco followed last year's landmark Supreme Court decision that the Constitution's Second Amendment protects an individual's right to possess guns for self-defense. The high court struck down a handgun prohibition in Washington, D.C.,... San Francisco Chronicle http://www.freerepublic.com/focus/f-news/2234404/posts#comment Tue, 21 Apr 2009 16:41:58 GMT http://www.freerepublic.com/focus/f-news/2234796/posts Most gun rights activists and legal observers view this decision as a victory for the right to keep and bear arms. And this is correct...as far as it goes. Here is an overview of the decision, as provided by David Hardy: Court incorporates the 2A on a selective incorporation, due process, theory, holding that the right is a fundamental one, deeply rooted in Anglo-American history, and traditionally seen as a natural right rather than a politically-created one. Court declines privileges or immunities incorporation, as ruled out by Supreme Court case law. Examiner.com http://www.freerepublic.com/focus/f-news/2234796/posts#comment Wed, 22 Apr 2009 00:57:45 GMT http://www.freerepublic.com/focus/f-news/2234618/posts ·11250 Waples Mill Road ·   Fairfax, Virginia 22030    ·800-392-8683 Ninth Circuit Court of Appeals Holds that the Second Amendment Applies to the States Tuesday, April 21, 2009 Fairfax, Va. – Today, the U.S. Court of Appeals for the Ninth Circuit marked a milestone in Second Amendment history by ruling that the Second Amendment limits state and local government infringements on our right to keep and bear arms through the due process clause of the Fourteenth Amendment to the U.S. Constitution. NRA has been involved in, and supportive of, this case for the past ten years and has filed several amicus briefs... NRA - ILA http://www.freerepublic.com/focus/f-news/2234618/posts#comment Tue, 21 Apr 2009 21:09:32 GMT http://www.freerepublic.com/focus/f-news/2234599/posts The Supreme Court gave a skeptical hearing today to lawyers who were urging a rule against strip searching students at school. Instead, most of the justices voiced concern that students could hide dangerous drugs.....in their clothes. SNIP Last year, a U.S. 9th Circuit Court of Appeals ruled that the strip search of Savana Redding was unreasonable and unconstitutional since the pills were ibuprofen. And the court held that the school officials who ordered the search were liable for damages. But in their comments and questions, most of the justices signaled they are inclined to overturn that decision. Chief Justice John... LAT http://www.freerepublic.com/focus/f-news/2234599/posts#comment Tue, 21 Apr 2009 20:42:40 GMT