Keyword: 9thcircuit

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  • Circuit court rules illegal immigrants have a right to bail

    10/15/2014 7:22:07 PM PDT · by jazusamo · 25 replies
    The Washington Times ^ | October 15, 2014 | Stephen Dinan
    Illegal immigrants have the same constitutional right to bail that U.S. citizens do, a federal appeals court ruled Wednesday in a decision striking down an Arizona statute designed to make sure criminals without any community ties didn’t flee in the face of a looming trial. The 9th U.S. Circuit Court of Appeals, in a 9-2 decision, ruled that Arizona’s voters, who passed the statute in a 2006 referendum, were actually trying to punish illegal immigrants rather than trying to reduce the risk of flight by those charged with serious felonies. The judges said bail isn’t allowed to be used as...
  • Justice Kennedy blocks gay marriage ruling in Idaho, Nevada

    10/08/2014 7:47:30 AM PDT · by HOYA97 · 86 replies
    Fox News ^ | 10/8/2014
    Supreme Court Justice Anthony Kennedy has temporarily blocked an appeals court ruling that declared gay marriage legal in Idaho and Nevada. The order came minutes after Idaho on Wednesday filed an emergency request for an immediate stay. The state's request said that without a stay, state and county officials would have been required to begin issuing marriage licenses to same-sex couples at 10 a.m. EDT. Kennedy's order requested a response from the plaintiffs involved in Idaho's gay marriage lawsuit by the end of day Thursday. The 9th U.S. Circuit Court of Appeals declared gay marriage legal in Idaho and Nevada...
  • Gay marriage bans fall in Idaho, Nevada after high court decision

    10/08/2014 1:35:03 AM PDT · by 2ndDivisionVet · 20 replies
    Reuters ^ | October 7, 2014 | Dan Levine
    Legal momentum for extending U.S. marriage rights to same-sex couples accelerated on Tuesday as a federal appeals court struck down bans on gay matrimony in Idaho and Nevada a day after the U.S. Supreme Court let stand similar rulings for five other states. The 9th U.S. Circuit Court of Appeals in San Francisco ruled the bans in Idaho and Nevada violated the constitution and cannot be enforced, adding to a growing list of states where same-sex unions are now legal. "Idaho and Nevada's marriage laws, by preventing same-sex couples from marrying and refusing to recognize same-sex marriages celebrated elsewhere, impose...
  • Court rules 'dreamers' can get Arizona driver's licenses

    07/07/2014 2:23:53 PM PDT · by fifedom · 57 replies
    East Valley Tribune ^ | July 7, 2014 | Howard Fischer
    Calling the state policy motivated by animosity, the 9th U.S. Circuit Court of Appeals on Monday ordered that “dreamers” who the federal government allow to work in this country also be issued Arizona driver's licenses,
  • The history of magazines holding 11 or more rounds: Amicus brief in 9th Circuit

    06/23/2014 9:57:10 AM PDT · by right-wing agnostic · 15 replies
    The Volokh Conspiracy ^ | May 29, 2014 | David Kopel
    Currently before the Ninth Circuit is an appeal in the case of Fyock v. Sunnyvale, a case which challenges a California’s city’s ban on magazines which hold more than 10 rounds. While the State of California outlaws the sale, import, or transfer of such magazines, the Sunnyvale ban goes further, by prohibiting possession of these magazines, with no provision for grandfathering. The District Court upheld the ban; part of the Court’s analysis stated that magazines did not exist at the time the Second Amendment was ratified. Last Friday, amicus briefs in support of appellant were filed, including a brief which...
  • Will the infamous 9th US Circuit Court of Appeals make First Amendment exception for Islamists

    05/04/2014 5:15:49 AM PDT · by dontreadthis · 9 replies
    FULL TITLE: Will the infamous 9th US Circuit Court of Appeals make First Amendment exception for Islamists by forcing Google to remove Muhammad movie? By a 2-1 vote, a panel of the 9th U.S. Circuit Court of Appeals ordered Google on February 26, 2014 to remove the controversial movie “Innocence of Muslims” from Youtube.com. This movie that sparked protests across the Muslim world “depicts Muhammad as a feckless philanderer who approved of child sexual abuse, among other overtly insulting claims that have caused outrage. In a 13 minute 51 second trailer, the Islamic prophet is made to look like a...
  • Judge: Feds can hide rationale for killing U.S. citizen

    04/14/2014 4:22:52 PM PDT · by Oldeconomybuyer · 45 replies
    San Francisco Chronicle ^ | April 14, 2014 | by Bob Egelko
    A Bay Area federal judge says the Obama administration can keep secret a memo spelling out the legal rationale for a 2011 drone attack in Yemen that killed a U.S. citizen and alleged terrorist mastermind. The ruling dismissed a suit by the First Amendment Coalition, an open-government advocacy group in San Rafael. The organization sued after a September 2011 drone strike in Yemen that killed Anwar al-Awlaki, a U.S.-born Muslim cleric whom authorities suspected of organizing an attempt to blow up a Detroit-bound airliner in 2009. Another U.S. citizen was also killed in the drone attack, and Awlaki's U.S.-born, 16-year-old...
  • Court: School can ban US flag shirts for safety

    02/28/2014 12:17:26 AM PST · by Cincinatus' Wife · 86 replies
    Houston Chronicle ^ | February 27, 2014 | PAUL ELIAS,
    SAN FRANCISCO (AP) — Officials at a Northern California high school acted appropriately when they ordered students wearing American flag T-shirts to turn the garments inside out during the Mexican heritage celebration Cinco de Mayo, a federal appeals court ruled Thursday. The 9th U.S. Circuit Court of Appeals said the officials' concerns of racial violence outweighed students' freedom of expression rights. Administrators feared the American-flag shirts would enflame the passions of Latino students celebrating the Mexican holiday. Live Oak High School, in the San Jose suburb of Morgan Hill, had a history of problems between white and Latino students on...
  • Appeals court in California orders YouTube to remove anti-Muslim film that sparked violence

    02/26/2014 2:44:57 PM PST · by Perdogg · 53 replies
    Fox ^ | Published February 26, 2014
    A U.S. appeals court ordered YouTube on Wednesday to take down an anti-Muslim film that sparked violence in many parts of the Middle East, prompting widespread riots and influential clerics calling for the death of an American actress who sued for the removal of the clip from the site. The decision by a divided three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco reinstated a lawsuit filed against YouTube by an actress who appeared briefly in the 2012 video that led to rioting and deaths because of its negative portrayal of the Prophet Muhammad.
  • The right to bear arms doesn’t stop at the front door

    02/22/2014 8:10:18 PM PST · by Olog-hai · 22 replies
    Fox News ^ | February 21, 2014 | Eliyahu Federman
    Last week, in a 2-1 decision, the U.S. 9th Circuit Court of Appeals overturned a restriction on carrying concealed handguns. The court held that carrying a handgun “outside the home for the lawful purpose of self-defense, though subject to traditional restrictions, constitutes ‘bear[ing] Arms’ within the meaning of the Second Amendment.” The question of whether the Second Amendment right to bear arms extends to the public is contentious. The 7th Circuit agrees with the 9th Circuit that carrying a gun outside the home is protected by the Constitution, but other courts (the 2nd, 3rd and 4th Circuits) are unsettled on...
  • Federal Court Says ‘Good Cause’ Requirement for Conceal-Carry Permits Violates the Second Amendment

    02/13/2014 12:43:07 PM PST · by neverdem · 83 replies
    Reason ^ | Feb. 13, 2014 | Damon Root
    The U.S. Court of Appeals for the 9th Circuit handed gun rights advocates a major victory today by invalidating San Diego, California’s requirement that conceal-carry permits only be issued to those gun owners who have a “good cause” to carry a concealed gun in public. According to local officials, “one’s personal safety is not considered good cause.” In his opinion for a divided three-judge panel of the 9th Circuit, Judge Diarmuid F. O'Scannlain rejected the local government’s approach as an unconstitutional infringement on the Second Amendment. “In California,” the ruling observes, “the only way that the typical responsible, law-abiding citizen...
  • Gay Juror Taken Off Panel Improperly: Court

    01/21/2014 12:20:54 PM PST · by nickcarraway · 21 replies
    NBC Bay Area ^ | Tuesday, Jan 21, 2014 | Lisa Leff
    A federal appeals court ruled Tuesday that potential jurors may not be removed from a trial during jury selection solely because of sexual orientation, extending to gays and lesbians a civil right that the U.S. Supreme Court has previously promised only women and racial minorities. A unanimous three-judge panel of the 9th U.S. Circuit Court of Appeals held that striking someone from a jury pool because he or she is gay constitutes unlawful discrimination. Its 39-page decision came in an antitrust and contract dispute between two rival drug companies over the price of a popular AIDS drug.
  • Mt. Soledad bill would end fed ownership

    01/03/2014 12:28:05 PM PST · by South40 · 10 replies
    San Diego Union-Tribune ^ | 1/3/2014 | Mark Walker
    Duncan Hunter legislation would transfer control of cross and site to Mount Soledad Memorial Association A bill directing the Pentagon to transfer the Mount Soledad Veterans Memorial and its controversial cross out of the hands of the federal government was introduced in the House of Representatives Friday by Rep. Duncan Hunter. The Alpine Republican's bill would place the nation’s oldest Korean War memorial under the sole control of the Mount Soledad Memorial Association and keep the cross in place. The Mount Soledad Veterans Memorial Preservation Act specifically orders the Secretary of Defense to cede all rights, title and interest in...
  • 9th Circuit Affirms Military Comm. Has Authority over Gitmo Terrorist

    12/26/2013 1:41:08 PM PST · by jazusamo · 7 replies
    Judicial Watch ^ | December 26, 2013
    The leftist human rights groups pushing for Guantanamo terrorists to be tried in the civilian legal system should take note that a famously liberal federal appeals court affirmed the Military Commission at Gitmo has jurisdiction in the case against an Al Qaeda operative who bombed a U.S. Navy ship in Yemen. The ruling, issued by the San Francisco-based 9th Circuit Court of Appeals, is a blow to the powerful leftwing organizations—including the American Civil Liberties Union (ACLU), Amnesty International and Human Rights Watch—that have long fought to afford Islamic terrorists the same rights as American citizens. For years they have...
  • State Sued for Discrimination; Won’t Hire Illegal Alien Who Used Fake SS

    12/18/2013 1:05:48 PM PST · by jazusamo · 26 replies
    Judicial Watch ^ | December 18, 2013
    Here’s a good one; a Mexican man who came to the U.S. illegally as a youth is suing a state agency for discrimination because it refuses to hire him for using a fake Social Security to work for nearly a decade. It’s as if a bold and extremely confident class of illegal alien has emerged in the last few years. The case comes out of northern California and it involves a naturalized American citizen who could easily serve as the poster child for President Obama’s Deferred Action for Childhood Arrivals (DACA), a special amnesty for youths brought to the U.S....
  • Drakes Bay Oyster Co. Continues Fight Against Closure

    10/22/2013 3:34:21 PM PDT · by nickcarraway · 14 replies
    SF Appeal ^ | Julie Cheever
    As promised, the Drakes Bay Oyster Co. appealed to an expanded panel of a federal appeals court in San Francisco today to allow it to keep operating at Point Reyes National Seashore. The oyster farm and owner Kevin Lunny asked an 11-judge panel of the 9th U.S. Circuit Court of Appeals to reconsider a decision in which a smaller panel of the court ruled against the company by a 2 to 1 vote in September. In that ruling, the smaller panel upheld a federal trial judge’s denial of a preliminary injunction that would have allowed the oyster harvesting to continue...
  • Sea Shepherd whale activists called pirates, lose ruling by 9th Circuit judges

    02/27/2013 11:05:06 AM PST · by jazusamo · 57 replies
    The Oregonian ^ | February 27, 2013 | Richard Reed
    Video and slideshow at link. A federal appeals court panel has branded a Northwest anti-whaling group "pirates," ordering a halt to attacks on Japanese whalers in Antarctic waters. The outspoken opinion, which reads at times more like "Moby Dick" than a court decision, hands a victory to Miller Nash, a Portland law firm that took the controversial step of representing Japan's whale hunters . The 9th Circuit U.S. Court of Appeals opinion issued late Monday is also unusual for ordering the transfer of a lower-court judge from the case, finding that U.S. District Judge Richard A. Jones made "numerous, serious...
  • Court Says Kidnapping Not Serious Enough to Warrant Deportation

    01/10/2013 11:34:31 AM PST · by jazusamo · 24 replies
    Judicial Watch ^ | January 10, 2013
    In what may seem like a bad joke, a U.S. federal appellate court has spared an illegal immigrant convicted of kidnapping from deportation ruling that it’s not necessarily a crime of moral turpitude. The decision, issued this week by the famously liberal 9th Circuit Court of Appeals, rambles on for 27 pages and is almost comical. “This undoubtedly appears to be a difficult question at first glance,” it reads. “Kidnapping is a serious crime, and our instincts may be that it would meet the moral turpitude definition. Even for serious offenses, we must look to the specific elements of the...
  • Circuit court declares Northern Rockies wolf-hunting case moot

    11/09/2012 10:14:25 AM PST · by jazusamo · 15 replies
    Missoulian ^ | November 9, 2012 | Rob Chaney
    A part of the legal fight over hunting wolves in the Northern Rockies officially disappeared from the record when the 9th U.S. Circuit Court of Appeals declared the case moot on Wednesday. In 2010, federal District Court Judge Donald Molloy ruled that gray wolves were improperly stripped of Endangered Species Act protection in Montana and Idaho. Later that year, Sen. Jon Tester, D-Mont., got an amendment through Congress declaring wolves in the northern Rocky Mountains a recovered species under the ESA and blocking any further legal review. Molloy, in a separate decision, agreed Congress had the power to shield the...
  • Sheriff Can't Detain Suspected Illegal Aliens

    09/26/2012 4:48:22 PM PDT · by SeekAndFind · 33 replies
    Courthouse News Service ^ | 09/26/2012 | Tim Hull
    Sheriff Joe Arpaio may not detain suspects based solely on a belief that they are in the country illegally, the 9th Circuit ruled. The federal appeals panel in San Francisco late Tuesday upheld a preliminary injunction in a class action over the sheriff's alleged pattern of racial profiling. Other issues in the action went to trial in Phoenix in late July. Manuel de Jesus Ortega Melendres, David and Jessica Rodriguez, Manuel Nieto Jr., Velia Meraz and the organization Somos America sued Arpaio and the Maricopa County Sheriff's office over three traffic stops during a 2006 anti-illegal immigration sweep. The plaintiffs...
  • [Vanity] US vs. Mathew Henry (9th circus machine gun (922(o)) ruling). Future USSC ruling next year

    08/14/2012 7:21:09 PM PDT · by DCBryan1 · 25 replies
    9th circus court of appeals ^ | 8 AUG 12 | Dcbryan1
    Quick read of 9th Circuits 18 USC 922(o) ruling and commerce clause re: 2nd amendment. For you legal types, think the USSC will look at or overturn? What about Sclias recent comments? Think they might look at Ann overturn Miller (1934) case?
  • (9th Circuit) Court defies Congress, heads to Hawaiian junket

    08/11/2012 12:50:40 PM PDT · by F15Eagle · 18 replies
    This weekend, judges, lawyers and staff of the country's 9th Circuit Court of Appeals will convene in Maui, Hawaii, for a government-funded conference that they refused to cancel despite pressure from Republican lawmakers who balked at the junket's $1 million price tag. Two Supreme Court Justices, Samuel Alito and Anthony Kennedy, will attend the three-day event and are scheduled to speak briefly on the conference's final day. Their mere presence will add tens of thousands of dollars to the conference's security costs, law enforcement sources told The Washington Examiner. Ninth Circuit Chief Judge Alex Kozinski recently told Congress it was...
  • OFFICIAL PROPONENTS ASK NATION’S HIGHEST COURT TO RESOLVE PROP 8 CASE

    07/31/2012 1:08:16 PM PDT · by fwdude · 21 replies
    Proposition 8 Legal Defense Fund ^ | July 31, 2012 | Proposition 8 Legal Defense Fund
    SACRAMENTO – ProtectMarriage.com, the official proponents of California’s voter-passed Proposition 8, petitioned the United States Supreme Court today to review the misguided decision by the Ninth Circuit Court of Appeals declaring the initiative unconstitutional. Earlier this year in a 2-1 decision in the Perry v Brown case, the Ninth Circuit – the most frequently overturned federal appellate court in the nation – errantly upheld a federal district judge’s decision that the Equal Protection Clause of the Fourteenth Amendment prohibited California from enacting Prop 8 to restore the traditional definition of marriage between a man and a woman. “Marriage between a...
  • Court rejects appeal to overturn Proposition 8 ruling—case could head to Supreme Court

    06/06/2012 6:06:43 AM PDT · by SeekAndFind · 6 replies
    Yahoo News ^ | 06/06/2012 | By Pueng Vongs
    A federal appeals court ruled on Tuesday that it will not review a three-judge panel's decision to overturn California's Proposition 8, which banned same-sex marriage. Following this ruling by the U.S. 9th Circuit Court of Appeals, Proposition 8 proponents plan to appeal the case to the U.S. Supreme Court, putting the battle for same-sex marriage on a national stage. The Supreme Court could decide to hear the case as part of its docket next year. The ruling comes after a federal appeals court in Boston ruled Thursday that the Defense of Marriage Act (DOMA), that says states don't have to...
  • Judges' plans for lavish $1 million Hawaii conference bring scrutiny

    05/21/2012 1:01:33 PM PDT · by jazusamo · 14 replies
    Fox News ^ | May 21, 2012
    On the heels of the scandal surrounding one government agency's lavish Las Vegas conference, federal judges in the western U.S. circuit are catching flak from Congress for a planned Maui getaway that could cost taxpayers more than $1 million. The Maui meet-up is scheduled for August under the banner of the 2012 Ninth Circuit Judicial Conference, and will include judges, attorneys, staff and "special guests" from various federal courts spread across nine western states -- including judges on the California-based Ninth Circuit Court of Appeals. While in Hawaii, the guests are scheduled to stay in the upscale Hyatt Regency Maui...
  • Court: Ex-Bush aide protected from torture lawsuit { John Yoo }

    05/02/2012 9:46:24 PM PDT · by SmithL · 2 replies
    Associated Press ^ | 5/2/12 | PAUL ELIAS
    SAN FRANCISCO (AP) -- An appeals court on Wednesday tossed out a convicted terrorist's lawsuit accusing a high-ranking Bush administration lawyer who wrote the so-called "torture memos" of authorizing illegally harsh treatment of "enemy combatants." Former Deputy Assistant Attorney General John Yoo is protected from such lawsuits because the law defining torture and the treatment of enemy combatants was unsettled in the two years after the Sept. 11 terror attacks, when the memos were written, the 9th U.S. Circuit Court of Appeals said. The memos have been embroiled in national security politics for years after laying out a broad interpretation...
  • Ninth Circuit Largely Upholds Arizona Voter ID Law

    04/21/2012 2:29:04 PM PDT · by Iam1ru1-2 · 5 replies
    Breitbart News ^ | Breitbart News
    While the Obama Justice Department continues to pretend that voter ID is racially discriminatory and a violation of voting rights, courts keep on ruling against them. Today, the Ninth Circuit Court of Appeals – an incredibly liberal appeals court – ruled that Arizona’s voter ID law was largely constitutional. Opponents of the law had argued that the fee to obtain an ID amounted to an impermissible “poll tax”; the Court thought otherwise. The Court did rule, however, that Arizona cannot turn down federal voter registration forms, which simply ask applicants to check a box indicating that they are US citizens....
  • BREAKING: Federal Appeals Court Upholds Most of Arizona Voter ID Law (9th Circuit!)

    04/17/2012 12:12:02 PM PDT · by montag813 · 63 replies
    Stand With Arizona ^ | 04-17-2012 | John Hill
    by John HillStand With Arizona In a ruling which demonstrated just how radical is the Obama Administration's opposition to Voter ID laws, the very liberal U.S. Ninth Circuit Court of Appeals has upheld Arizona's voter-approved 2004 law requiring voters to show proof of citizenship before receiving a ballot - a big victory in the battle against voter fraud in the runup to the November elections. The Appeals Court mostly shot down the challenges to the law, which had itself been upheld in Arizona U.S. District Court. Arizona can demand to see certain forms of identification that proves citizenship, the court...
  • The Dead Past (9th Circuit Chief Judge on privacy laws)

    04/12/2012 3:31:32 PM PDT · by JerseyanExile · 2 replies
    Stanford Law Review ^ | April 12, 2012 | Alex Kozinski
    I must start out with a confession: When it comes to technology, I’m what you might call a troglodyte. I don’t own a Kindle or an iPad or an iPhone or a Blackberry. I don’t have an avatar or even voicemail. I don’t text. I don’t reject technology altogether: I do have a typewriter—an electric one, with a ball. But I do think that technology can be a dangerous thing because it changes the way we do things and the way we think about things; and sometimes it changes our own perception of who we are and what we’re about....
  • Federal anti-hacking prosecutions reined in by appeals court ruling

    04/10/2012 1:03:28 PM PDT · by SmithL · 5 replies
    San Jose Mercury News ^ | 4/10/12 | Howard Mintz
    Warning that scouring websites at work for anything from sports scores to dating services could lead to a prison cell, a federal appeals court on Tuesday found in a case against a Bay Area man that the federal government has gone too far in enforcing a nearly 30-year-old computer hacking law. In a 9-2 ruling, the 9th U.S. Circuit Court of Appeals strictly limited the scope of the 1984 Computer Fraud and Abuse Act, saying it cannot be used to prosecute someone simply for the unauthorized use of information on their workplace computers. The case has been closely watched by...
  • Appeals court upholds California affirmative action ban in state university admissions

    04/02/2012 1:29:20 PM PDT · by WilliamIII · 18 replies
    AP/Washington Post ^ | April 2, 2012 | AP
    Affirmative action proponents took a hit Monday as a federal appeals court panel upheld California’s ban on using race, ethnicity and gender in admitting students to public colleges and universities. The ruling marked the second time the 9th U.S. Circuit Court of Appeals turned back a challenge to the state’s landmark voter initiative, Proposition 209, which was passed in 1996. 0 Comments Weigh In Corrections? Personal Post . Affirmative action proponents, who had requested that the court reconsider its 1997 decision after the U.S. Supreme Court ruled in 2003 that affirmative action could be used in college admissions, said they...
  • APNewsBreak: US appeals court allows wolf hunts

    03/14/2012 11:03:01 AM PDT · by jazusamo · 12 replies
    Mail Tribune ^ | March 14, 2012 | Matthew Brown/AP
    BILLINGS, Mont. (AP) -- A federal appeals court on Wednesday rejected a lawsuit from conservation groups that want to block wolf hunts that have killed more than 500 of the predators across the Northern Rockies in recent months. The ruling from a three-judge panel of the 9th U.S. Circuit Court of Appeals said Congress had the right to intervene when it stripped protections from wolves last spring. Lawmakers stepped in after court rulings kept wolves on the endangered list for years after they reached recovery goals. Wildlife advocates claimed in their lawsuit that Congress violated the separation of powers by...
  • LAX bombing plotter's 22-year sentence overturned as too lenient

    03/12/2012 3:05:51 PM PDT · by jazusamo · 7 replies
    LA Times ^ | March 12, 2012 | Carol J. Williams
    A 22-year sentence given an Al Qaeda-trained Algerian terrorist for plotting to bomb Los Angeles International Airport on the eve of the millennium was unreasonably lenient, a federal appeals court ruled Monday in overturning the term. Disputes over the appropriate punishment for Ahmed Ressam have roiled the federal courts for more than a decade, as the young Algerian captured with a trunkload of explosives when he entered the United States initially cooperated with U.S. counterterrorism agents in exposing the inner workings of the global terror network and testifying against other captured militants. But Ressam ceased cooperating with national security agents...
  • (Stolen Valor Act) High Court Dilemma: Can Lie About Medal Be Crime?

    02/19/2012 7:16:27 AM PST · by DogByte6RER · 26 replies
    Associated Press ^ | Sunday, February 19 | Associated Press
    High Court Dilemma: Can Lie About Medal Be Crime? Xavier Alvarez was in good company when he stood up at a public meeting and called himself a wounded war veteran who had received the top military award, the Medal of Honor. Alvarez was lying about his medal, his wounds and his military service, but he wasn't the first man to invent war exploits. He was, however, one of the first people prosecuted under a 2006 federal law aimed at curbing false claims of military valor. Concerns that the law improperly limits speech and turns people into criminals for things they...
  • Ninth Circuit's Prop 8 Ruling Could be Obama's Worst Nightmare

    02/07/2012 10:58:26 PM PST · by GVnana · 17 replies · 1+ views
    BigGovernment.com ^ | 2/7/2012 | Ben Shapiro
    Today, the 9th Circuit upheld the absurd ruling of Judge Vaughn Walker of the U.S. District Court of the Northern District of California, striking down Proposition 8, the voter-approved constitutional amendment that would uphold traditional marriage in the state. The ruling itself was highly political and in no way legally oriented. “Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians,” wrote the Court, “and to officially reclassify their relationships and families as inferior… the Constitution simply does not allow for ‘laws of this sort.’” -snip-President Obama has...
  • Breaking: Calif. court declares Prop 8 unconstitutional

    02/07/2012 10:46:18 AM PST · by RobinMasters · 43 replies
    Hot Air ^ | February 6, 2012 | JAZZ SHAW
    News just began coming out a little after noon on the east coast. A California appeals court has struck down Proposition 8, which banned same sex marriage in the state. A federal appeals court Tuesday struck down California’s ban on same-sex marriage, clearing the way for the U.S. Supreme Court to rule on gay marriage as early as next year. The 2-1 decision by a panel of the U.S. 9th Circuit Court of Appeals found that Proposition 8, the 2008 ballot measure that limited marriage to one man and one woman, violated the U.S. Constitution. The architects of Prop. 8...
  • Appeals court: Same-sex marriage ban unconstitutional [Calif]

    02/07/2012 10:24:14 AM PST · by South40 · 86 replies
    SAN FRANCISCO – Supporters and opponents of California's ban on same-sex marriage were anxiously awaiting a federal appeals court decision Tuesday on whether the voter-approved measure violates the civil rights of gay men and lesbians. A three-judge panel of the 9th U.S. Circuit Court of Appeals that considered the question plans to issue its long-awaited opinion 18 months after a trial judge struck down the ban following the first federal trial to examine if same-sex couples have a constitutional right to get married. The 9th Circuit does not typically give notice of its forthcoming rulings, and its decision to do...
  • Court won't release CA gay marriage trial videos

    02/02/2012 8:00:47 PM PST · by SmithL · 12 replies
    AP via SacBee ^ | 2/2/12 | Lisa Leff, ASSOCIATED PRESS
    SAN FRANCISCO -- A federal appeals court refused Thursday to unseal video recordings of a landmark trial on the constitutionality of California's same-sex marriage ban but said it needed more time to decide if a lower court judge properly struck down the voter-approved ban. Siding with the ban's supporters, the 9th U.S. Circuit Court of Appeals in San Francisco ruled the public doesn't have the right to see the footage that former Chief U.S. District Judge Vaughn Walker had produced with the caveat it would be used only by him to help him reach a verdict. Chief Judge Walker "promised...
  • Court OKs immunity for telecoms in wiretap case

    12/29/2011 5:13:36 PM PST · by SmithL · 1 replies
    Associated Press ^ | 12/29/11 | JASON DEAREN, Associated Press
    SAN FRANCISCO (AP) -- A federal appeals court on Thursday said a 2008 law that granted telecommunications companies legal immunity for helping the National Security Agency with an email and telephone eavesdropping program is constitutional. A unanimous three-judge panel of the 9th U.S. Circuit Court of Appeals affirmed a lower court ruling that found the Foreign Intelligence Surveillance Act, or FISA, passed constitutional muster. The appeal concerned a case that consolidated 33 different lawsuits filed against various telecom companies, including AT&T, Sprint Nextel, Verizon Communications Inc. and BellSouth Corp. on behalf of these companies' customers. The plaintiffs, represented by lawyers...
  • 9th Circuit panel rejects suit filed by 'birthers' against Obama

    12/28/2011 2:37:21 AM PST · by Libloather · 27 replies
    LA Times ^ | 12/23/11 | Carol J. Williams
    9th Circuit panel rejects suit filed by 'birthers' against ObamaBy Carol J. Williams, Los Angeles Times December 23, 2011 A group of Southern Californians who insist that President Obama was born in Africa and should be ousted from the Oval Office had their case thrown out by a federal appeals court Thursday, but vowed to press their conspiracy theory with judges at the top of the judicial chain. None of the "birthers" who filed suit on Inauguration Day 2009 can show that they suffered any harm from the Obama presidency that would give them the right to sue him, a...
  • 9th Circuit appeals court Judge Pamela Rymer dies (Reagan appointed in 1983)

    09/22/2011 4:53:28 PM PDT · by NormsRevenge · 13 replies
    Yahoo ^ | 9/22/11 | AP
    <p>San Francisco, CA - Judge Pamela Rymer of the 9th U.S. Circuit Court of Appeals has died after a years-long battle with cancer.</p> <p>The federal court on Thursday announced the passing of the 70-year-old Rymer, .. Rymer was diagnosed with cancer in 2009 and died Wednesday with friends at her bedside.</p>
  • Teacher Told to Remove 'God' From Class

    09/14/2011 3:46:31 PM PDT · by nickcarraway · 59 replies · 1+ views
    Poway Unified School District wins case against high school teacherA teacher in the Poway Unified School District has been ordered by the U.S. Court of Appeals to remove two large banners that referred to "God" and the "Creator" from his classroom walls. Brad Johnson, a teacher at Westview High School, had been directed by the district to remove two large banners which read “IN GOD WE TRUST,” “ONE NATION UNDER GOD,” “GOD BLESS AMERICA,” “GOD SHED HIS GRACE ON THEE” and “All men are created equal, they are endowed by their CREATOR.” The 9th Circuit Court of Appeals announced their...
  • Ninth Circuit Considers Constitutionality of Occult-Based Public Schools

    08/10/2011 7:47:55 PM PDT · by TheDingoAteMyBaby · 15 replies · 2+ views
    Earned Media ^ | Aug. 3, 2011 | Pacific Justice Institute
    Pacific Justice Institute has filed its opening brief with the U.S. Court of Appeals for the Ninth Circuit, located in San Francisco, in a case that challenges the constitutionality of taxpayer-funded charter schools that are based on occult teachings. "This case is truly stranger than fiction," noted Brad Dacus, president of Pacific Justice Institute. "It is incredible that we as taxpayers are still supporting schools founded on a belief system that incorporates elements of Hinduism, European occultism, and a heretical form of Christianity. We cannot have a constitutional double standard where mainstream Judeo-Christian beliefs are excluded from public schools while...
  • 9th Circuit: University Can Force Christian Groups Open to Non-Christians.

    08/06/2011 6:26:09 AM PDT · by ZGuy · 35 replies
    Christianity Today ^ | 8/5/11 | Morgan Feddes
    A federal appeals court ruling this week could significantly diminish public university religious groups' ability to restrict membership and leadership to students who agree with their teachings. The 9th Circuit Court of Appeals ruled Tuesday that San Diego State University's nondiscrimination policy for officially recognized campus groups is constitutional. The policy is based on a nondiscrimination policy used at all the schools in the California State University system. Two Christian groups sued SDSU in 2005, alleging the policy violated their free-speech and religious-freedom rights. For the groups to be recognized as official campus groups, they were required to allow all...
  • Court orders immediate halt to gay military ban

    07/06/2011 1:06:40 PM PDT · by Red Badger · 37 replies
    AP ^ | 07-06-2011 | Staff
    <p>SAN FRANCISCO (AP) -- A federal appeals court has barred further enforcement of the U.S. military's ban on openly gay service members.</p> <p>A three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco said Wednesday the "don't ask, don't tell" policy must be immediately lifted now that the Obama administration says it's unconstitutional to treat gay Americans differently under the law.</p>
  • Obama nominates Alaska Supreme Court Justice Morgan Christen to 9th Circuit (Palin Appointee)

    06/03/2011 5:46:58 AM PDT · by Colonel Kangaroo · 20 replies
    Achorage Daily News ^ | 5-18-2011 | Erika Bolstad
    The White House announced Wednesday evening that President Barack Obama is nominating Alaska Supreme Court Justice Morgan Christen to the Ninth Circuit U.S. Court of Appeals. "I am proud to nominate this outstanding candidate to serve on the United States Court of Appeals," Obama said in a statement. "I am confident Justice Morgan Christen will serve the American people with integrity and distinction."
  • GOP On Track To Block Obama Judicial Nominee For First Time

    05/19/2011 8:06:07 AM PDT · by yoe · 20 replies
    Fox News ^ | May 19, 2011 | Trish Turner |
    Republican opposition is steadily growing against controversial University of California-Berkley law professor Goodwin Liu, President Obama's nominee for the Ninth Circuit Court of Appeals, potentially imperiling a judicial appointment for the first time in his presidency. Senior Republicans launched an all-out push to quash the nomination, urging their conference colleagues to support a GOP-led filibuster. "(Liu's) record reflects a carefully honed and calculated philosophy that he developed and advanced over the course of his brief career in the ivory towers of academia and which threatens the American tradition of limited constitutional government," Sens. Charles Grassley of Iowa, top Republican on...
  • Gun Show Hosts Can Reload Alameda Suit(CA)

    05/04/2011 5:20:06 AM PDT · by marktwain · 1 replies
    courthousenews.com ^ | 2 May, 2011 | TIM HULL
    (CN) - The 9th Circuit on Monday gave new life to a long-running dispute over a California county's ordinance that could ban gun shows on its property, finding that several U.S. Supreme Court decisions over the last six years call into question whether the ban violates the Second Amendment. More than a decade ago, Alameda County passed an ordinance that makes it a misdemeanor to bring or posses a firearm or ammunition on county property. Gun show promoters Russell and Sallie Nordyke sued the county, arguing that the ordinance was really meant to prohibit gun shows that the couple had...
  • 9th Circuit will hear eligibility arguments [But attorneys say dispute involves much more than BC]

    04/29/2011 8:15:57 PM PDT · by RobinMasters · 25 replies · 1+ views
    WND ^ | April 29, 2011 | Bob Unruh
    Only days after the White House released a copy of Barack Obama's "Certificate of Live Birth" from Hawaii, claiming to have put to rest the dispute over his eligibility to hold the office, attorneys will argue on Monday before the 9th U.S. Circuit Court of Appeals that the requirements of the U.S. Constitution simply are too important to ignore for the sake of political expediency, even when they involve a sitting president. The case has been pending since the 2008 election. The plaintiffs alleged that Obama's qualifications were not checked properly, and that has resulted in a violation of the...
  • Judges uphold California's offshore ship emissions rules

    03/29/2011 8:19:46 AM PDT · by SmithL · 23 replies
    Sacramento Bee ^ | 3/29/11 | Denny Walsh
    The merchant shipping industry has failed a second time to short-circuit California's effort to combat the toll on the health of its population from air pollution caused by oceangoing vessels. The industry is contesting California's authority to regulate fuel used by seagoing vessels up to 24 miles off its coast. The Air Resources Board estimates the vessels' emissions of particulate matter cause 300 premature deaths across the state every year. California mandates that ships "use cleaner marine fuels in diesel and diesel-electric engines, main propulsion engines, and auxiliary boilers" while operating far beyond the traditional three-mile jurisdictional limit. The Pacific...