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Keyword: 9thcircuit

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  • Federal appeals court rules against Trump administration on DACA

    11/08/2018 12:58:43 PM PST · by ColdOne · 31 replies
    foxnews.com ^ | 11/8/18 | Brooke Singman, Bill Mears
    A federal appeals court in San Francisco ruled against the Trump administration Thursday, saying the government cannot immediately end the DACA program that gives young undocumented immigrants a chance to continue living and working in the U.S. without the threat of deportation. The administration had sought to block an injunction from lower courts that temporarily prevented the government from going ahead with plans to end the Deferred Action for Childhood Arrivals program. “The Executive wields awesome power in the enforcement of our nation’s immigration laws,” the ruling said. “Our decision today does not curb that power, but rather enables its...
  • Franklin Graham: 'We Have Judges Out There Who Hate God'

    08/25/2017 5:16:35 AM PDT · by Kaslin · 16 replies
    Townhall.com ^ | August 25, 2017 | Todd Starnes
    One of the nation’s most-respected evangelical Christian leaders denounced a federal court ruling regarding a Washington state coach who was punished for praying after a football game. On Wednesday the U.S. 9th Circuit Court of Appeals ruled the Bremerton School District was justified in suspending Coach Joe Kennedy after he took a knee and prayed silently at midfield after a football game. “When Kennedy kneeled and prayed on the fifty-yard line immediately after games while in view of students and parents, he spoke as a public employee, not as a private citizen, and his speech therefore was constitutionally unprotected,” the...
  • Trump nominates openly gay conservative to federal appeals court (Filipino)

    10/16/2018 2:01:19 PM PDT · by 2ndDivisionVet · 30 replies
    NBC News ^ | October 16, 2018 | Brooke Sopelsa
    Patrick Bumatay is the second openly gay person to be nominated by Trump to be a federal judge. President Donald Trump recently announced another wave of judicial nominees, and among them is an openly gay conservative, Patrick Bumatay. Trump nominated Bumatay to serve on the U.S. Court of Appeals for the 9th Circuit, based in San Francisco, the nation’s largest federal appeals court. It hears cases from nine Western states and has 29 judges; there are currently six vacancies. Bumatay is an assistant U.S. attorney in California handling various criminal issues, including opioid abuse and transnational organized crime, according to...
  • Abortion Activist Trying Again to Force Little Sisters of the Poor to Fund Abortions

    10/12/2018 4:43:57 PM PDT · by Morgana · 10 replies
    LIFE NEWS ^ | October 11, 2018 | Steven Ertelt
    The Little Sisters of the Poor took their fight to not have to pay for abortions in their health care plan all the way to the Supreme Court and won. So that should be the end of the battle right? Not so much. Last year, pro-abortion attorneys general in Pennsylvania and several other states filed lawsuits to overturn new religious protections issued by the Trump administration. The new rules protect the nuns and other religious employers from having to pay for drugs that may cause abortions in their employee health care plans. A federal judge blocked the rule in response...
  • Trump defies California senators with 9th Circuit judge nominations

    10/12/2018 4:18:48 PM PDT · by artichokegrower · 26 replies
    Sacramento Bee ^ | October 11, 2018 | Emily Cadei And Kate Irby
    After months of negotiations and delays, the White House is moving to fill California’s three vacancies on the influential 9th U.S. Circuit Court of Appeals — over the strenuous objections of the state’s two Democratic senators.
  • Trump defies DiFi and Kamala, nominating 3 Federalist Society members for Ninth Circuit

    10/12/2018 9:43:38 AM PDT · by SeekAndFind · 56 replies
    American Thinker ^ | 10/12/2018 | Thomas Lifson
    The Ninth Circuit Court of Appeals is about to become about ten percent less crazy.  President Trump has nominated three new judges for the 29-seat circuit court, over the objections of the two senators representing their home state of California.  Until Trump discarded the practice, home state senators were allowed to veto judicial nominations for courts in their states, a custom known as the "blue slip."  That seems quaint these days, a relic of a bygone era in which actual qualifications, not ideology, were the issue in Senate confirmation votes that, anyway, required a filibuster-proof 60 votes.As a result, President Trump and...
  • Trump Defies California Senators With 9th Circuit Judge Nominations

    10/12/2018 2:10:20 AM PDT · by Helicondelta · 164 replies
    sacbee.com ^ | October 11, 2018
    After months of negotiations and delays, the White House is moving to fill California’s three vacancies on the influential 9th U.S. Circuit Court of Appeals — over the strenuous objections of the state’s two Democratic senators. President Trump’s nominees for the appeals court — litigators Daniel Collins and Kenneth Lee and Assistant United States Attorney Patrick Bumatay — are all based in Southern California, are prominent members of the conservative Federalist Society, and have worked for Republican administrations. None of the three were approved by Feinstein or Harris via a process known as a “blue slip,” the senators’ offices confirmed...
  • Sen. Feinstein says White House didn't consult on judicial nominees

    10/11/2018 3:36:40 PM PDT · by jazusamo · 148 replies
    The Washington Times ^ | October 11, 2018 | Alex Swoyer
    The top Democrat on the Senate Judiciary Committee blasted the White House Thursday for picking nominees for the West Coast’s appeals court without consulting her, and saying one of the three doesn’t have any judicial experience. President Trump named a new slate of court picks Wednesday, including three judges to sit on the 9th Circuit Court of Appeals. But Sen. Dianne Feinstein of California objected, saying she had tried to consult with the White House but was rebuffed. She said she would withhold her blue slip, in a signal that she doesn’t acquiesce to the picks. Blue slips are a...
  • Dems Put the Screws to Murkowski (CAPTION!)

    10/05/2018 3:35:42 PM PDT · by Libloather · 77 replies
    Rush Limbaugh ^ | 10/05/18 | El Rushbo
    RUSH: I want to reread to you Kimberley Strassel’s tweets about Lisa Murkowski. Lisa Murkowski… By the way, this is another one that CNN obviously is nervous about because earlier today Lisa Murkowski was a definite “no” on Kavanaugh, and in announcing her definite “no” she said, “He’s just not the right man for the Supreme Court right now.” “…just not the right man…” So Kimberly Strassel says now she’s changing… **SNIP** Another interesting thing. Hang on. Another new development. But hang on here just a second. Here’s a second tweet before it Kimberley Strassel: Lisa Murkowski, Republican, Alaska, today...
  • 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...