Keyword: 9thcircus

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  • Students: Illegal To Wear An American Flag Shirt On Cinco De Mayo In California

    05/05/2014 10:10:38 AM PDT · by PoloSec · 74 replies
    Weasel Zipper | May 5 2014 | Weasel Zipper
    Diversity and tolerance is a one way street Via The DC Students in a California school district will not be allowed to wear American flag T-shirts on Cinco de Mayo, due to concerns that such displays of patriotism would inflame racial tensions by offending Mexican students on their holiday. The district’s policy concerned many free speech advocates, but was upheld by the Ninth Circuit Court of Appeals. In response, Tea Party groups plan to protest outside Live Oak High School in Morgan Hill. And they will be wearing American flag T-shirts. “They silenced a symbol of patriotism and freedom in...
  • Court rejects Arizona’s appeal in immigration case

    04/22/2014 12:12:47 AM PDT · by Olog-hai · 6 replies
    Associated Press ^ | Apr 21, 2014 7:10 PM EDT | Jacques Billeaud
    The U.S. Supreme Court on Monday refused to hear an appeal of a blocked provision of Arizona’s 2010 immigration enforcement law, dealing another blow to Gov. Jan Brewer in her effort to defend the law. The court declined to review the ruling that barred police from arresting people who harbor those living in the United States illegally. The 9th U.S. Circuit Court of Appeals blocked police from enforcing the prohibition, concluding last year that it was vague and trumped by federal law, which already forbids harboring people in the country unlawfully. …
  • 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...
  • Anti Christian Bigotry in California School District is Rebuked by Judge. (Catholic Caucus)

    05/10/2010 2:09:53 AM PDT · by markomalley · 3 replies · 308+ views
    Archdiocese of Washington ^ | 5/9/2010 | Msgr Charles Pope
    I have marveled over the years at the kind of fear and anger the Christian Faith generates in some sectors of our society. Even the suggestion that there might a a small nativity scene in a park, or Christmas tree near City Hall, or a display of the Ten Commandments often elicits a hew and cry and brings forth camera crews and elicits lawsuits. But the venom seems especially reserved  for symbols of the Christian faith in particular and to some extent the wider Judeo-Christian heritage. A reference from the Q’ran in school is seen by many of this same...
  • Homeless have right to reclaim property

    09/06/2012 6:04:51 PM PDT · by SmithL · 33 replies
    San Francisco Chronicle ^ | 9/6/12 | Bob Egelko, Chronicle Staff Writer
    A city that seizes homeless people's property from a street or sidewalk must preserve it so that the owner has a chance to reclaim it, a federal appeals court ruled Wednesday. "The government may not take property like a thief in the night; rather, it must announce its intentions and give the property owner a chance to argue against the taking," the Ninth U.S. Circuit Court of Appeals in San Francisco said. The 2-1 decision, which has statewide implications, upheld a federal judge's order last year that allowed residents of Los Angeles' Skid Row to leave personal possessions on the...
  • Ayn Rand-Loving Companies Fight Over Atlas Shrugged Characters in Court

    07/01/2012 1:16:33 PM PDT · by nickcarraway · 16 replies
    SF Weekly ^ | Fri., Jun. 29 2012 | Erin Sherbert
    Instead of letting the free market decide, two Bay Area companies are going to court to settle a long-standing dispute about whether both can be named after the self-made Hank Rearden, a central character in Ayn Rand's opus Atlas Shrugged. Steve Perlman founded Rearden LLC, a San Francisco tech incubator, in 1999, naming the company after his favorite Rand character. Rearden Commerce, a web-based concierge service that offers customers the "Rearden Personal Assistant," helps organize travel plans and links to many travel vendors. According to the lawsuit, the company's owner, Patrick Grady, "also has an affinity for Rand's 'Hank Rearden'...
  • 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...
  • GOP senators slam federal judges’ plan for retreat at Maui resort

    05/29/2012 4:35:30 PM PDT · by rottndog · 20 replies
    The Washington Times ^ | Monday, May 21, 2012 | Jim McElhatton
    Two senior Republican senators want to know why a group of federal judges and court employees plan to hold a convention this summer at the Hyatt Regency Maui Resort & Spa, an oceanfront hotel where the website invites prospective guests to “frolic,” “pamper” and “play.” Sens. Chuck Grassley of Iowa and Jeff Sessions of Alabama said the conference for the 9th Circuit Court of Appeals in San Francisco could ultimately cost taxpayers more than $1 million.
  • 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...
  • 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....
  • Alameda County gun show case may end without definitive legal shot fired

    04/04/2012 6:22:52 PM PDT · by SmithL · 6 replies
    Oakland Tribune ^ | 4/4/12 | Howard Mintz
    A 12-year legal battle over an Alameda County ban on gun shows on public property may end with a soft pop instead of a bang. With a scathing dissent from the chief judge, the 9th U.S. Circuit Court of Appeals on Wednesday ordered county lawyers and gun show promoters Russell and Sally Nordyke into settlement talks to resolve a case that was expected to break new ground in Second Amendment law. The brief order, signed by nine judges, would leave unresolved questions about the constitutionality of local laws banning gun shows on government property. The 9th Circuit order was prompted...
  • 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...
  • Government wants faster review of gay-rights case

    03/26/2012 9:55:54 PM PDT · by SmithL · 17 replies · 92+ views
    San Francisco Chronicle ^ | 3/26/12 | Bob Egelko, Chronicle Staff Writer
    SAN FRANCISCO -- The Obama administration asked a federal appeals court Monday to speed up its review of a San Francisco gay-rights case and consider tough scrutiny for laws that discriminate based on sexual orientation - a standard that could legalize same-sex marriage. The Justice Department made the unusual request to the Ninth U.S. Circuit Court of Appeals in San Francisco, which is considering the constitutionality of the Defense of Marriage Act, the 1996 law that denies federal benefits to same-sex spouses. U.S. District Judge Jeffrey White declared the law unconstitutional Feb. 22, calling it an irrational act of discrimination....
  • Salmon win in 9th circuit court

    03/05/2012 5:58:20 PM PST · by SmithL · 14 replies
    SFGate ^ | 3/5/12 | Lois Kazakoff
    California salmon and salmon fishermen won in federal court Friday when the U.S. Court of Appeals for the Ninth Circuit said the federal water project is obliged to provide enough water to double the salmon population. You can read the decision here. Under the ruling, only surplus water from the bay-delta water system can be delivered to water users in the San Joaquin Valley, not water from the 800,000 acre-foot allotment promised to fish under a 1992 federal law.
  • Lesbian federal worker wins health benefits case

    02/22/2012 8:52:43 PM PST · by SmithL · 39 replies
    AP via SFGate ^ | 2/22/12 | Lisa Leff, ASSOCIATED PRESS
    an Francisco (AP) -- A federal judge in San Francisco ruled Wednesday that the U.S. government cannot deny health benefits to the wife of a lesbian court employee by relying on the 1996 law that bars government recognition of same-sex unions. U.S. District Judge Jeffrey White said that because the Defense of Marriage Act unconstitutionally discriminates against same-sex married couples, the government's refusal to furnish health insurance to Karen Golinski's wife is unjustified. "The Court finds that DOMA, as applied to Ms. Golinski, violates her right to equal protection of the law ... by, without substantial justification or rational basis,...
  • Court says U.S. attorney can’t shield prosecutor’s misconduct

    02/15/2012 4:58:51 PM PST · by SmithL · 11 replies
    San Francisco Chronicle ^ | 2/15/12 | Bob Egelko, Chronicle Staff Writer
    When a federal appeals court issued a ruling describing a prosecutor’s misconduct that forced a halt to a drug-trafficking trial in Tucson, the U.S. attorney’s response was to ask the court to erase the prosecutor’s name from the published decision. Bad move. After republishing the name of the errant prosecutor, Jerry Albert, the court pointed a finger at the U.S. attorney’s office and said it was time to start taking responsibility for the misdeeds of its employees. “When a prosecutor steps over the boundaries of proper conduct and into unethical territory, the government has a duty to own up to...
  • Ninth Circuit Court asks Obama adminstration to clarify its deportation priorities

    02/08/2012 8:24:07 AM PST · by SmithL · 12 replies
    Contra Costa Times ^ | 2/8/12 | Matt O'Brien
    In a direct challenge to the Obama administration, a federal appeals court temporarily halted the deportation of seven immigrants until federal authorities explain whether they should be deported. "It has caused quite a stir," said San Jose immigration lawyer Bernadette Connolly, whose client David Aranda Rodriguez is one of the seven who won the unexpected reprieve Monday. A panel of the San-Francisco-based 9th U.S. Circuit Court of Appeals ruled 2-1 to give the Obama administration until March 19 to explain if Aranda Rodriguez and the other immigrants deserve a break under a new enforcement policy known as prosecutorial discretion. The...
  • 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...
  • Prop. 8 decision cites Marx (Groucho), Monroe (Marilyn) and Kennedy (Anthony)

    02/07/2012 12:39:27 PM PST · by SmithL · 12 replies · 1+ views
    SacBee: Capitol Alert ^ | 2/7/12 | Dan Walters
    It's not every day that a federal appeals court cites late comedian Groucho Marx in a decision, especially one as important as overturning California's anti-gay marriage Proposition 8. But a three-member panel of the 9th U.S. Circuit Court of Appeals did exactly that Tuesday, citing Marx's quip that "marriage is a wonderful institution...but who wants to live in an institution?" It was one of several cultural references (another was to the title of a Marilyn Monroe movie, "How to Marry a Millionaire") in the decision that was narrowly hinged on whether the state had the right to withdraw the right...
  • A U.S. appeals court rules Prop. 8 unconstitutional

    02/07/2012 10:13:59 AM PST · by SmithL · 92 replies · 1+ views
    San Francisco Chronicle ^ | 2/7/12 | Bob Egelko, Chronicle Staff Writer
    SAN FRANCISCO -- California's voter-approved ban on same-sex marriage is unconstitutional,
  • Obama appointee will be ‘one of the strongest pro-abortion justices’ on nation’s most liberal court

    01/31/2012 2:25:58 PM PST · by NYer · 9 replies
    Life Site News ^ | January 31, 2012 | BEN JOHNSON
    WASHINGTON, D.C., January 31, 2012, (LifeSiteNews.com) – Barack Obama’s new appointee for the Ninth Circuit Court of Appeals “will be one of the strongest pro-abortion justices on the ninth circuit,” according to Clarke Forsythe, senior counsel at Americans United for Life (AUL). Senate hearings began Thursday for Andrew D. Hurwitz of Arizona, whom the president nominated for a seat on the controversial court. Hurwitz has boasted of playing a role in laying the groundwork for Roe v. Wade. In a 2002 article for the New York Law School Law Review, Hurwitz wrote of the “remarkable” career of Judge Jon O....
  • Oakland police could face federal takeover

    01/25/2012 2:46:47 PM PST · by SmithL · 5 replies
    AP via SFGate ^ | 1/25/12 | PAUL ELIAS, Associated Press
    Mayor Jean Quan vowed Wednesday to quickly reform the scandal-plagued Oakland Police Department after a frustrated judge threatened a federal takeover if it fails to quickly make good on changes agreed to nine years ago. U.S. District Judge Thelton Henderson said he "remains in disbelief" that the department has failed to adopt the reforms. Henderson's frustration with the pace of improvements was evident throughout a scathing five-page ruling issued Tuesday. "This department finds itself woefully behind its peers around the state and nation," he wrote. In his ruling, Henderson increased the oversight authority of a court-appointed monitor. Oakland Police Chief...
  • Federal appeals court rejects another lawsuit challenging Obama’s citizenship

    12/22/2011 12:05:49 PM PST · by GregNH · 59 replies
    Associated Press ^ | 12/22/2011 | AP
    The 9th U.S. Circuit Court of Appeals unanimously ruled Thursday that none of the challengers had legal standing to file the lawsuit. The plaintiffs included some of Obama’s political rivals, taxpayers and military personnel.
  • Ruling could stop cuts in elderly, disabled care

    12/20/2011 7:51:49 AM PST · by SmithL · 8 replies
    San Francisco Chronicle ^ | 12/20/11 | Bob Egelko, Chronicle Staff Writer
    States can't cut in-home care for elderly and disabled people if there's a serious risk they'll be forced into nursing homes, a federal appeals court has ruled in a decision that could forestall a 20 percent reduction in services to 372,000 Californians. Friday's ruling by the Ninth U.S. Circuit Court of Appeals in San Francisco did not directly involve California and came instead from Washington state, where officials reduced home-care hours for 45,000 residents by 10 percent in February. But the issues are similar to those now before a federal judge in Oakland, who has scheduled a Jan. 19 hearing...
  • CA same-sex marriage ban gets another day in court

    12/08/2011 1:25:38 PM PST · by SmithL · 5 replies
    Another episode in the long legal saga of California's same-sex marriage ban is scheduled to unfold in a San Francisco courtroom. A federal appeals court plans to hear oral arguments Thursday on whether a lower court judge who ultimately struck down voter-approved Proposition 8 should have recused himself because he was in a same-sex relationship.
  • 9th Circuit agrees to rehear long-running Alameda County gun rights case

    11/28/2011 5:19:28 PM PST · by SmithL · 2 replies
    San Jose Mercury News ^ | 11/28/11 | Howard Mintz
    A federal appeals court on Monday once again decided to weigh in on an epic 12-year-old gun rights showdown over an Alameda County ordinance banning guns and ammunition on public property. In a brief order, the 9th U.S. Circuit Court of Appeals agreed to rehear a legal challenge to the 1999 law, which restricts gun shows on county property, including Alameda County's fairgrounds. The order, which calls for an 11-judge 9th Circuit panel to hear the case, wipes out a ruling last May by three 9th Circuit judges who unanimously agreed to uphold the legality of the ordinance.
  • U.S. Supreme Court case raises issues for children of illegal immigrants

    09/28/2011 9:13:04 AM PDT · by SmithL · 36 replies · 1+ views
    Sacramento Bee ^ | 9/28/11 | Michael Doyle
    WASHINGTON – Carlos Martinez Gutierrez got caught smuggling three Mexican children into California. Now, his travails have reached the U.S. Supreme Court. On Tuesday, the court agreed to hear Gutierrez's case, which raises questions potentially crucial for other children of illegal immigrants. If Gutierrez wins, some immigrants may find it easier to avoid removal and stay in the United States. "The case is significant," Gutierrez's appellate attorney, Stephen Kinnaird, said Tuesday, adding that "you can have possible breakups of families" in certain circumstances. Gutierrez's attempted alien smuggling through the San Ysidro port of entry in December 2005 does not, by...
  • 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>
  • Feds ask court to dismiss ’don’t ask’ lawsuit

    09/20/2011 7:06:39 PM PDT · by massmike · 14 replies
    bostonherald.com ^ | 09/20/2011 | Associated Press
    Even as federal officials laud the end of the U.S. military’s ban on openly gay troops, Justice Department lawyers are trying to dissuade a federal appeals court from deciding if the "don’t ask, don’t tell" policy was unconstitutional. They filed a motion Tuesday asking the 9th U.S. Circuit Court of Appeals in San Francisco to vacate a lower court ruling last September that found the ban violated the civil rights of gay service members. The gay political group Log Cabin Republicans, which brought the case, wants the appeals court to address the ban’s constitutional implications.
  • Feds: reinstate conviction for threats to Obama

    09/16/2011 10:21:42 AM PDT · by ColdOne · 25 replies
    Politco.com/blogs ^ | 9/15/11 | Josh Gerstein
    Federal prosecutors are asking an appeals court to reconsider a ruling that threw out a California man's criminal conviction for threatening Barack Obama while he was a candidate for the presidency in October 2008. In July, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit ruled, 2-1, that comments Walter Bagdasarian posted on a financial internet bulletin board did not constitute a "true threat" to Obama, even though the suspect was later found to have six firearms in his home. After Bagdasarian waived a jury trial, a federal judge convicted him of two counts of threatening...
  • 9th Circuit Blocks Arizona Law Limiting Same-Sex Partner Benefits

    09/08/2011 11:33:49 AM PDT · by La Enchiladita · 12 replies
    WSJ Blogs ^ | Sept. 7, 2011 | Nathan Koppel
    In 2009, Arizona passed a law that eliminated health-insurance coverage for same-sex partners of public employees. But the 9th Circuit yesterday ruled that the law violates the Constitution’s Equal Protection Clause, the Arizona Republic reports. The 9th Circuit upheld a lower court injunction that has blocked the law from taking effect. A three-judge panel of the 9th Circuit concluded that while the state is not obligated to provide health-care benefits it cannot deny them to a specific group of employees, the Republic reports.
  • 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

    08/07/2011 5:54:59 AM PDT · by InvisibleChurch · 33 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 (Aug. 2) that San Diego State University (SDSU)'s nondiscrimination policy for officially recognized campus groups is constitutional and does not violate the rights of two Christian groups. The policy is based on a nondiscrimination policy used at all the schools in the California State University system. The two Christian groups, sorority Alpha Delta Chi and fraternity Alpha Gamma Omega, had sued SDSU in 2005, alleging...
  • 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 reverses Obama threat conviction

    07/19/2011 1:16:33 PM PDT · by SmithL · 11 replies
    AP via SFGate ^ | 7/19/11 | PAUL ELIAS, Associated Press
    A federal appeals court has overturned the conviction of a San Diego man who authorities say threatened Barack Obama during his 2008 presidential campaign. A divided three-judge panel of the 9th U.S. Circuit Court of Appeals on Tuesday ruled that Walter Bagdasarian's violent and racist screed against Obama was "repugnant" but not criminal.
  • Court: 'don't ask, don't tell' will stay in place

    07/16/2011 8:29:24 AM PDT · by DJ MacWoW · 20 replies
    Associated Press ^ | Jul 16,2011 8:23 AM (ET) | SHAYA TAYEFE MOHAJER
    LOS ANGELES (AP) - The military's "don't ask, don't tell" policy is back in place for the time being, with one major caveat: the government is not allowed to investigate, penalize or discharge anyone who is openly gay. A San Francisco federal appeals court ordered the military to temporarily continue the controversial policy in an order late Friday, the court's response to a request from the Obama administration.
  • 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>
  • In reversal, federal court orders immediate end to ‘don’t ask, don’t tell’ policy(9th U.S. Circuit)

    07/06/2011 1:10:04 PM PDT · by fwdude · 40 replies
    The Washington Post ^ | 07/06/11 | Associated Press
    By Associated Press, Updated: Wednesday, July 6, 2:34 PM SAN FRANCISCO — A federal appeals court has barred further enforcement of the U.S. military’s ban on openly gay service members. 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.
  • 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."
  • Goodwin Liu withdraws appeals court nomination

    05/25/2011 3:56:00 PM PDT · by SmithL · 33 replies
    AP via InsideBayArea ^ | 5/25/11 | MARK SHERMAN, Associated Press
    WASHINGTON -- A liberal legal scholar is withdrawing his nomination to an appeals court judgeship after Senate Republicans blocked a vote on his confirmation last week. Goodwin Liu, 40, said in a letter to President Barack Obama Wednesday that he and family need "to make plans for the future" now that there is little prospect of a Senate vote on his nomination.
  • Congress keeps Liu’s radical views off US bench

    05/20/2011 12:46:11 PM PDT · by SmithL · 13 replies
    San Francisco Examiner ^ | 5/19/11 | Editor
    Unions spent an estimated $200 million electing President Barack Obama and re-electing Democratic majorities in Congress in 2008. Union officials ought to be ecstatic with Obama’s performance since then because he has delivered everything he promised the unions, and more. Obama’s largesse is all the more amazing when it is remembered that unions represent fewer than 7 percent of all private-sector workers. Fortunately for the country, Democrats in Congress don’t always share Obama’s loyalty to the union label. Consider Thursday’s cloture vote in the Senate on Obama’s nomination of 39-year-old UC Berkeley School of Law professor Goodwin Liu to the...
  • Judicial nominee Goodwin Liu faces filibuster showdown

    05/19/2011 10:36:18 AM PDT · by AtlasStalled · 18 replies
    Senate Republicans are poised Thursday to use a filibuster to block the confirmation of law professor Goodwin Liu to an appellate court. * * * In moving to block Liu, Republicans are warning President Obama that his next Supreme Court nominee is likely to face a more difficult path to confirmation than did his first two selections. “If we prevail, it ought to send a signal that the White House ought to send up people who are more mainstream,” Sen. Charles E. Grassley (Iowa), the ranking Republican on the Judiciary Committee, said Wednesday. Grassley predicted that he had the votes...
  • Obama pick for bench may be defeated by GOP

    05/19/2011 1:27:14 AM PDT · by Berlin_Freeper · 24 replies
    Associated Press ^ | May 19 2011 | LARRY MARGASAK
    WASHINGTON – Senate Republicans may hand President Barack Obama his first defeat on a judicial nomination, as they appear to have sufficient votes to sustain a filibuster against liberal law professor Goodwin Liu. Democrats chose to force a vote Thursday to end GOP blocking tactics against the University of California, Berkeley, scholar. Senate aides from both parties said it did not appear the majority party could attain the 60-vote super-majority needed to stop a filibuster.
  • Court: reaffirms that muddy water is pollution

    05/17/2011 1:09:56 PM PDT · by SmithL · 49 replies
    AP via SFGate ^ | 5/17/11 | JEFF BARNARD, AP Environmental Writer
    Grants Pass, Ore. (AP) -- A federal appeals court has reaffirmed that muddy water running off logging roads after rainstorms is pollution that requires a special permit from the U.S. Environmental Protection Agency.
  • High Court Turns Away Rendition Case

    05/16/2011 9:30:34 AM PDT · by markomalley · 2 replies
    The Supreme Court refused Monday to review a ruling that blocked a lawsuit alleging a Boeing Co. subsidiary helped the Central Intelligence Agency seize terrorism suspects abroad and secretly transfer them to other countries for interrogation. The high court rejected an appeal by five men who claimed that U.S. operatives—with support from Jeppesen Dataplan Inc., a Boeing unit—abducted them and sent them to other countries where they were tortured. They alleged Jeppesen provided critical flight planning and logistical support to the CIA's "extraordinary rendition" program. The men were seeking unspecified monetary damages from the company.
  • NOAA approves removal of sea lions at Bonneville Dam

    05/15/2011 3:12:09 PM PDT · by smokingfrog · 34 replies
    bendbulliten.com ^ | 15 May 2011 | AP story
    PORTLAND — Oregon and Washington have been given permission to resume removing or killing California sea lions at Bonneville Dam on the Columbia River, a federal agency said Friday. The decision by the National Oceanic and Atmospheric Administration came about six months after a federal appeals court struck down a similar permit aimed at reducing the number of threatened or endangered salmon eaten by the hungry marine mammals. The 9th U.S. Circuit Court of Appeals stopped the practice last year. NOAA Fisheries officials said they believe the agency has fixed flaws the court pointed out in the original permit issued...
  • Attorneys Fly in to Aid Ramona Lawyer in Fight Over President's Eligibility

    05/01/2011 7:56:33 AM PDT · by jdoug666 · 35 replies
    Ramona Patch ^ | 4/29/2011 | Julie Pendray
    When he steps into the 9th U.S. Circuit Court of Appeals in Pasadena on Monday, he'll ask a panel of three judges for a chance to show evidence that the president of the United States isn't eligible for the job. He'll argue that Barack Obama wasn't born in this country and that the plaintiffs in his case—members of the American Independent Party—didn't get a fair shake in the 2008 presidential election.
  • 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...
  • Appeals court upholds Justice challenge on Ariz. immigration law

    04/11/2011 11:12:18 AM PDT · by ColdOne · 15 replies
    WaPo ^ | April 11, 2011 | Jerry Markon
    A federal appeals court on Monday upheld a lower court decision that blocked the most contested provisions of Arizona’s immigration law from taking effect. A three-judge panel of the U.S. Court of Appeals for the 9th Circuit ruled that a federal judge did not abuse her discretion in blocking provisions of the law that would, among other things, require police to check immigration status if they stop someone while enforcing other laws. The decision is a victory for the Obama administration,
  • Senate must confirm Goodwin Liu to appellate court

    04/07/2011 12:54:08 PM PDT · by SmithL · 12 replies
    San Francisco Chronicle ^ | 4/7/11 | Editor
    The nomination of UC Berkeley law professor Goodwin Liu to a federal appeals court has been stalled by the partisan gamesmanship that pervades Washington.The Senate Judiciary Committee is finally expected to vote today on whether to advance the nomination, more than a year after President Obama tapped him for the Ninth U.S. Circuit Court of Appeals in San Francisco.Sen. Jeff Sessions, R-Ala., has suggested that Liu is at "the very vanguard of what I would call intellectual judicial activism." The characterization of Liu as a radical does not hold up to reasonable scrutiny. Unfortunately, reasonableness does not seem to carry...