Keyword: 9thcircuit

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  • SF Court: Cities can't prosecute people for sleeping on streets

    09/04/2018 7:06:51 PM PDT · by artichokegrower · 40 replies
    San Francisco Chronicle ^ | September 4, 2018 | Rebecca Boone
    BOISE, Idaho (AP) — Cities can't prosecute people for sleeping on the streets if they have nowhere else to go because it amounts to cruel and unusual punishment, which is unconstitutional, a federal appeals court said Tuesday.
  • Trump Ready To Turn His Sights To Remaking The 9th Circuit Court

    08/16/2018 9:58:43 PM PDT · by Helicondelta · 36 replies
    There's been a noticeable exception to President Donald Trump's otherwise successful effort to appoint young, conservative judges to the nation's appellate courts. The Senate has confirmed a record 24 new circuit court judges nationwide in 20 months — with two more nominees scheduled for votes this week. But Trump has made far less progress in the jurisdiction he criticizes the most: the liberal-leaning U.S. 9th Circuit Court of Appeals, including California and eight other Western states. Since Trump took office, the Senate has confirmed only one 9th Circuit judge — in Hawaii — leaving seven openings. But there are signs...
  • Ninth Circuit Returns to Form, Upholds Bizarre California Gun Regulation(Micro stamp)

    08/15/2018 10:46:43 AM PDT · by rktman · 37 replies
    nationalreview.com ^ | 8/13/2018 | D French
    Here are the basic facts. California’s Unsafe Handgun Act requires new handguns sold in the state to have three key safety features. First, new guns must have an indicator that shows when a round is loaded in the weapon’s chamber. Second, new guns must have a magazine-detachment mechanism that prevents the gun from discharging when a magazine is not in it. Finally, the third provision “requires new handguns to stamp microscopically the handgun’s make, model, and serial number onto each fired shell casing.”
  • Ninth Circuit Allows Trump Supporters' Lawsuit Over Protest Injuries to Proceed

    07/27/2018 4:45:33 PM PDT · by markomalley · 18 replies
    Law dot com ^ | 7/27/18 | Cheryl Miller
    A class action filed by Donald Trump supporters who say they were injured after San Jose police in 2016 steered them into a mob of protesters will continue after the U.S. Court of Appeals for the Ninth Circuit on Friday doused police officers’ arguments seeking qualified immunity.A three-judge panel unanimously affirmed U.S. District Judge Lucy Koh of the Northern District of California’s 2017 ruling denying the city of San Jose’s efforts to dismiss the suit against seven police officers. The plaintiffs say the officers channeled them into a violent crowd on June 2, 2016, as they exited a rally for...
  • Republicans withdraw Trump nominee for federal appeals court at the last minute after (trunc)

    07/20/2018 1:53:53 AM PDT · by blueplum · 39 replies
    The Daily Mail UK ^ | 20 Jul 2018 | Staff AP/AFP
    ….after racially charged article he wrote about 'Uncle Toms' as a student at Stanford emerges ...Bounds has said that the writings are 25-year-old editorials and that he has since grown up, calling them 'poorly-worded', 'ill-conceived' and 'regreetable'. Here are some of the charges leveled by AFJ: Bounds complained about multicultural organizations at the university who 'divide up by race for their feel-good ethnic hoedowns.' Bounds wrote that 'race-focused groups' should not continue on campus, claiming that the 'existence of ethnic organizations is no inevitable prerequisite to maintaining a diverse community—white students, after all, seem to be doing all right without...
  • Judge gives green light to California's sanctuary laws

    07/05/2018 1:51:24 PM PDT · by jazusamo · 60 replies
    The Washington Times ^ | July 5, 2018 | Stephen Dinan
    A federal judge upheld most of California’s new sanctuary laws Thursday, but did rule the state went too far when it ordered businesses not to grant access to the Border Patrol or deportation officers. Judge John A. Mendez, a Bush appointee to the court, said the state does not have to turn over illegal immigrants and can refuse to cooperate with federal agents, as long as it still allows local police to share information. And he ruled that California has the right to perform inspections on any facility that holds illegal immigrants in the state.
  • Agency: Court can’t appoint prosecutor against Arpaio

    07/02/2018 9:28:03 PM PDT · by blueplum · 35 replies
    AP ^ | 01 Jul 2018 | JACQUES BILLEAUD
    PHOENIX (AP) — The U.S. Justice Department says an appeals court overstepped its bounds when it ordered the appointment of a special prosecutor to pursue an appeal involving a pardon of retired Arizona Sheriff Joe Arpaio. The appointment was previously ordered by a three-judge panel of the 9th Circuit Court of Appeals.{snip} The Justice Department said in its appellate brief that “the government does not abdicate the prosecutorial function when it agrees with a defendant on a legal question.” Arpaio’s attorneys argued that appointing a special prosecutor “raises serious questions about whether the court is actively participating in the prosecution...."
  • US DOJ sides with Apple over App Store antitrust allegations in Supreme Court brief

    05/10/2018 12:31:00 PM PDT · by Swordmaker · 7 replies
    Appleeinsider ^ | Thursday, May 10, 2018, 08:20 am PT | By Stephen Silver
    The Department of Justice on Wednesday filed a brief with the U.S. Supreme Court supporting Apple's fight against a class action suit alleging that the company violates antitrust laws in regards to how it assesses app store fees, and how it decides what is hosted on the App Store. The class suing believe Apple has engaged in anti-competitive behaviors in taking a cut from developers sale proceeds. Also at issue is whether companies like Apple can be sued under antitrust law over App Stores, with the plaintiffs potentially awarded treble damages because of the behavior. The Ninth Circuit Court of...
  • Is Trump right about judges' leanings? Maybe, review shows

    05/02/2018 6:38:19 AM PDT · by Oldeconomybuyer · 4 replies
    CBS "News" ^ | May 2, 2018
    President Donald Trump has called courts unfair and political and repeatedly assailed the 9th Circuit, the U.S. court system's westernmost division, where some of his key immigration policies have stalled. But is there any evidence politics plays a role in judicial opinions? An Associated Press review suggests it might. The AP looked at opinions by nearly 40 federal district court and appellate judges about Trump's ban on travelers from mostly Muslim countries. It found only one judge nominated by a Democratic president has supported Trump's authority to keep out all travelers or deport those who arrived just as the first...
  • Trump poised for major makeover of liberal 9th Circuit court

    04/24/2018 8:41:34 AM PDT · by jazusamo · 48 replies
    The Washington Times ^ | April 24, 2018 | Barnini Chakraborty
    The most liberal appeals court in America could soon be getting a Republican makeover if President Trump and Senate GOP leaders are able to fill seven open seats with conservative picks. Standing in their way is a wall of Democrats hellbent on protecting the long-standing leftward lean of the 9th Circuit Court of Appeals. The stakes are sky high because of the size, caseload and clout of the court. If Trump is successful in getting young, ideologically conservative nominees through the confirmation process, he could significantly alter the court’s DNA for decades to come. “Adding seven conservatives to the court...
  • 9th Circuit appoints special prosecutor against Sheriff Joe Arpaio

    04/18/2018 3:31:58 PM PDT · by jazusamo · 135 replies
    The Washington Times ^ | April 18, 2018 | Alex Swoyer
    Dissenting judge on panel worries ruling could foster ‘inappropriate… political attacks’ on presidencyA federal appeals court said this week it will appoint a lawyer to argue that former Arizona Sheriff Joe Arpaio’s contempt of court conviction should remain on his record despite President Trump’s pardon. The 9th U.S. Circuit Court of Appeals said that since the federal Justice Department is supporting both the pardon and Mr. Arpaio’s request to have his conviction stricken, someone else needs to argue the other side. Mr. Arpaio argues that the pardon came before he had a chance to appeal his conviction, and even before...
  • Judge’s Death Gives Trump a Chance to Remake a Vexing Court

    04/07/2018 8:47:00 AM PDT · by NRx · 47 replies
    NY Times ^ | 04-07-2018 | CARL HULSE
    WASHINGTON — In the spring of 2014, a friend tried to nudge Judge Stephen Reinhardt, then an 83-year-old liberal stalwart on the United States Court of Appeals for the Ninth Circuit, into stepping aside from full-time duties so President Barack Obama could nominate a successor. The friend, Erwin Chemerinsky, now the dean at the University of California, Berkeley, School of Law, said he had gently suggested to Judge Reinhardt that he and another longtime liberal figure on the San Francisco-based court make way while Democrats still had the power to assure that jurists with a similar philosophy would take their...
  • A Prominent Liberal Judge From The 9th Circuit Court Has Died At 87

    03/29/2018 5:23:14 PM PDT · by mgstarr · 131 replies
    Judge Stephen Reinhardt of the US Court of Appeals for the 9th Circuit has died, a court spokesperson confirmed. He was 87. A liberal champion, Reinhardt was appointed to the bench by President Carter in 1980. He authored key liberal court opinions on hot-button topics ranging from abortion and marriage equality to assisted suicide and immigration. At the same time, the opinions made him a target of criticism from conservative corners — and of regular reversal from the Supreme Court.
  • The Ninth Circuit Just Allowed Children To Sue Trump Over Global Warming

    03/08/2018 11:05:29 AM PST · by Enlightened1 · 70 replies
    The Daily Caller ^ | 03/07/18 | Michael Bastah
    A federal appeals court ruled Wednesday in favor of 21 children and young adults suing the U.S. government for not doing enough to protect their constitutional right to a stable climate. The Ninth Circuit Court of Appeals judges refused to grant mandamus relief and block the U.S. District Court in Oregon from hearing the suit, which was originally filed by the environmental group Our Children’s Trust in 2015. A federal judge in Oregon ruled in 2016 the 21 youngsters had standing to sue. President Donald Trump’s administration and oil and gas groups appealed the decision in June 2017. They asked...
  • U.S. loses bid to halt children's climate change lawsuit

    03/07/2018 5:24:18 PM PST · by Innovative · 36 replies
    MSN/Reuters ^ | March 7, 2018 | Jonathan Stempel
    A federal appeals court on Wednesday rejected the U.S. government's bid to halt a lawsuit by young people claiming that President Donald Trump and his administration are violating their constitutional rights by ignoring the harms caused by climate change. By a 3-0 vote, the 9th U.S. Circuit Court of Appeals in San Francisco said the administration had not met the "high bar" under federal law to dismiss the Oregon lawsuit, which was originally brought in 2015 against the administration of President Barack Obama. The potentially far-reaching case is one of a handful seeking to have courts address global warming and...
  • Supreme Court rules immigrants can be detained indefinitely

    02/27/2018 11:01:58 AM PST · by jazusamo · 33 replies
    The Hill ^ | February 27, 2018 | John Bowden
    Immigrants can be held by U.S. immigration officials indefinitely without receiving bond hearings, even if they have permanent legal status or are seeking asylum, the Supreme Court ruled Tuesday. In a 5-3 ruling Tuesday, with Justice Elena Kagan recusing, the court ruled that immigrants do not have the right to periodic bond hearings. The ruling is a defeat for immigration advocates, who argued that immigrants should not be held for more than six months at a time without such a hearing. The Supreme Court ruling follows a Trump administration appeal of a ruling by the 9th Circuit Court of Appeals...
  • Breaking: Supreme Court refuses to hear Trump challenge on DACA

    02/26/2018 6:40:20 AM PST · by GIdget2004 · 198 replies
    The Hill ^ | 02/26/2018 | Lydia Wheeler and Rafael Bernal
    The Supreme Court on Monday delivered a blow to the Trump administration by refusing to hear the government's challenge to a lower court ruling that has temporarily blocked the administration from winding down the Obama-era Deferred Action for Childhood Arrivals (DACA) program. The Department of Justice’s request was rare in that it asked the Supreme Court to jump ahead of the 9th Circuit Court of Appeals in reviewing the case. The court typically will only bypass an appellate court when there’s an emergency involving foreign affairs, a serious separation of powers concerns or when it has already agreed to hear...
  • Liberal Groups Mobilize Against Trump’s First 9th Circuit Nominee

    02/11/2018 2:55:30 PM PST · by cotton1706 · 26 replies
    Daily caller.com ^ | 2/11/18 | Kevin Daley
    Liberal advocacy groups have mobilized in opposition to Ryan Bounds, President Donald Trump’s first nominee to the 9th U.S. Circuit Court of Appeals. Though criticisms of his professional record are slim thus far, progressive interest groups claim his undergraduate writings are highly inflammatory, such that his temperament might be questioned. The Alliance for Justice (AFJ), a progressive advocacy organization, reviewed dozens of pieces Bounds wrote as a college student for a conservative weekly called the Stanford Review, that are intensely critical of student activist clubs and campus multiculturalism policies. Taken together, the Alliance says his writings betray an intolerant worldview.
  • PAMELA GELLER’S 2017 REVIEW: Every Single Domestic Jihadi Attack and Terror Plot of 2017 (Excerpted)

    12/26/2017 4:19:43 AM PST · by x1stcav · 13 replies
    Dangerous ^ | 12/26/17 | Pamela Geller
    In each of the past few years, I have done an end-of-the-year summary on jihad activity and Islamization in the United States, so that people might better understand the overarching progress of the jihad in the U.S., and connect the dots. After years of shouting into the wilderness, the message hit critical mass in November 2016, and Donald Trump, to the absolute shock of the totalitarian left elite, was elected President of the United States. President Trump’s initiatives to stem jihad and sharia in America have been met with fierce resistance from the jihad-aligned left. Even just last Friday, the...
  • 9th Circuit court rules against third Trump travel ban, no immediate effect

    12/23/2017 4:05:16 PM PST · by EdnaMode · 37 replies
    Washington Examiner ^ | December 22, 2017 | Naomi Lim
    The Ninth U.S. Circuit Court of Appeals ruled Friday that part of President Trump's third attempt at a travel ban should be blocked. The ruling, however, will not take effect pending review by the U.S. Supreme Court. The White House's third attempt at the travel ban targeted foreigners from six Muslim-majority countries, Venezuela, and North Korea. Rather than take apart the entire ban, however, three members of the 9th Circuit ruled that only the prohibitions on "foreign nationals who have a bona fide relationship" within the United States should be stopped. The dispute will not return to the Supreme Court...