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DC Circuit largely vacates Chutkan's restraining order

The British government is reportedly preparing plans for a two-week “circuit breaker” lockdown before the end of the year amid doomsday predictions from scientific advisors of up to 5,000 deaths per day from the Omicron variant of the Chinese coronavirus. Leaked lockdown proposals would see England return to the restrictions imposed as the “Step 2” plan enacted after the winter shutdown last year. Under the plans, ministers are said to be considering reimposing a ban on indoor mixing, with exceptions carved out for workplaces, according to The Times of London.

With cases of covid-19 rising in most parts of the UK, there is fierce debate over the best way to respond. While some people argue for a “let the virus rip” strategy, others want increasing social restrictions, up to and including full lockdown, as happened in the pandemic’s first wave. But is there another way? One idea gaining ground is that countries should hold regular pre-emptive lockdowns, each lasting about two weeks. They could be timed to coincide with school holidays, minimising disruption to education. In the UK, this would mean having these shut downs around every two months. The...

The 11th Circuit Court of Appeals (Alabama, Florida and Georgia) currently has 12 active judges after the appointment of 3 already this term by President Trump; the Circuit is now tied 6 - 6 with R and D appointees; with 3 more vacancies to fill; each of which has a current nominee awaiting vetting and a vote. The tie-breaking 13th judge will be under active consideration for a cloture vote this afternoon on the Senate floor with likely confirmation tomorrow; making in 7R to 6D. Once the additional two vacancies are filled; an enduring 9R to 6D majority will be...

WASHINGTON (CN) – President Donald Trump announced six new judicial nominees on Friday, including two to seats on the once reliably liberal Ninth Circuit and four to federal courts in California. One of the nominees to the Ninth Circuit will be familiar to senators, as Trump has now three times chosen Patrick Bumatay for a federal judgeship. Trump first chose Bumatay, a prosecutor in the Southern District of California, for a seat on the Ninth Circuit in 2018, but the Senate never took action on the nomination. Trump tapped him for a judgeship again earlier this year, this time for...

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...

In a decision that is shockingly sensible, a three judge panel of the notorious Ninth Circuit Court of Appeal in San Francisco has ruled that illegal immigrant children are not entitled to free legal representation, funded by taxpayers, in trying to legalize their status. Maura Dolan writes in the Los Angeles Times: A three-judge panel of the U.S. 9th Circuit Court of Appeals upheld an immigration judge's decision to deny asylum to a minor identified as C.J.L.G., who left Honduras at age 13 after being threatened by gangs. The boy did not have a lawyer, and his mother was unable...

Six women who served as clerks or externs at the U.S. 9th Circuit Court of Appeals allege to The Washington Post that Judge Alex Kozinski subjected them to inappropriate sexual comments or conduct, including asking them to watch pornography in his chambers, the newspaper reported Friday. Heidi Bond, who clerked for the Pasadena, California-based judge from 2006 to 2007, told the newspaper she recalled three instances in which he asked her to look at images of naked people. She said one set of images was of college-age students where some were 'inexplicably naked while everyone else was clothed.' Another set...

Six women who worked in the office of Judge Alex Kozinski, a member of the 9th Circuit Court of Appeals, have accused him of sexual misconduct, according to a report published Friday evening. Two women spoke on the record with the Washington Post, while the four others would not allow their names to be shared. One of the women, Heidi Bond, said the judge showed her porn on multiple occasions, including pictures of naked college-aged students at a party and a flipbook which a woman's naked body parts had to be matched up to the corresponding bodies. She said she...

The U.S. Supreme Court appears somewhat irritated with federal courts that have repeatedly barred the Trump administration from enforcing immigration policies halting the entry of certain classes of migrants and refugees. The high court’s latest orders sent three clear signals to lower courts, all of which are positive signs for President Donald Trump. First, the Supreme Court is quite clearly expressing its view that the government will prevail on the merits of this dispute. The Court would not grant an application with these facts if a majority of the justices did not believe the administration will ultimately be vindicated. As...

On June 12, 2017, three judges on the United States Court of Appeals for the Ninth Circuit ruled that President Donald Trump’s second executive order imposing a temporary ban on “entry” into the United States should be read as if it stated that the ban was on “the issuance of an immigrant visa.” This made it possible for Judges Michael Daly Hawkins, Ronald M. Gould, and Richard A. Paez, all appointed by President Bill Clinton, to hold that the temporary ban was subject to a statutory prohibition on discrimination because of a person’s nationality “in the issuance of an immigrant...

The key point for everybody to know about the United States Court Appeals for the Ninth Circuit’s opinion regarding President Donald Trump’s Executive Order regarding immigration, is that the three judges failed to discuss, or even acknowledge the existence of, the primary law that supports President Trump’s Executive Order.

I see that the President has referred to the judge in the Immigration Executive Order (EO) as a “so-called” judge. I thought this was unfortunate, not to mention bad tactics … but after listening to the oral arguments about the EO, I understood more about where he was coming from. The astounding part to me was that both the Judges and the lawyer for Washington State were discussing statements made by then-candidate Trump and by Rudy Giuliani, in order to determine whether this was really a “Muslim ban” in disguise. The argument the lawyer made and the three-judge panel is...

As judges on the 9th Circuit Court of Appeals weigh the legality of President Trump’s immigration executive order, a Republican push to split up the controversial court -- and shrink its clout -- is gaining steam on Capitol Hill. Republican Sens. Jeff Flake and John McCain of Arizona introduced legislation last month to carve six states out of the San Francisco-based court circuit and create a brand new 12th Circuit. They argue that the 9th is too big, too liberal and too slow resolving cases. If they succeed, only California, Oregon, Hawaii and two island districts would remain in the...

The U.S. Court of Appeals, 9th Circuit, undertook an extraordinary review Tuesday evening, hearing arguments for and against a stay of district court action that blocked President Trump’s Executive Order on immigration. From the outset, it was a pitched battle before a notoriously liberal Circuit. That said, the Justice Department acquitted itself well – and may have won an upset. If not the Super Bowl, there were surprises. Kick off was simple. Justice briefed a three-judge panel on the need for a temporary pause in migration from seven countries identified by Congress and the prior Administration as terrorist risks. They...

Using taxpayer funds, government officials in Orange County have spent the last 16 years arguing the most absurd legal proposition in the entire nation: How could social workers have known it was wrong to lie, falsify records and hide exculpatory evidence in 2000 so that a judge would forcibly take two young daughters from their mother for six-and-a-half years? From the you-can't-make-up-this-crap file, county officials are paying Lynberg & Watkins, a private Southern California law firm specializing in defending cops in excessive force lawsuits, untold sums to claim the social workers couldn't have "clearly" known that dishonesty wasn't acceptable in...

Updated: Fri, Mar 13th 2015 @ 4:34 pm EDT The 5th Circuit Court of Appeals today denied the Obama Administration's request for an expedited ruling on Judge Andrew Hanen’s injunction blocking President Obama's executive amnesties. Justice Department attorneys asked the court to rule within seven days but the court allowed the normal 10-day period for states to respond to the Administration's request. Politico reports this could be an early sign that the 5th Circuit may not want to overturn Judge Hanen’s injunction quickly.

The Seventh Circuit’s decision in Ezell v. Chicago is a tremendously important case for Second Amendment doctrine. The key rules from Ezell: use originalism from both 1791 and 1868 to determine if an activity is within the scope of the Second Amendment right. If it is, apply First Amendment doctrine, and make the standard of review more stringent when the activity is closer to the core of the right, and when the government is prohibiting rather than regulating. Generally speaking, when looking for guidance, look to Eugene Volokh. As the above rules apply to the case at bar: The right...

Another ass-kicking: 5th Circuit rejects White House drilling ban appeal By Michelle Malkin • July 8, 2010 07:17 PM Just in: The 5th Circuit Court of Appeals has just denied the White House request for a stay on U.S. District Judge Martin Feldman’s order striking down the Obama blanket deepwater drilling ban. Ass. Kicked. Again: A U.S. appeals court on Thursday rejected the Obama administration’s request to put on hold a ruling that lifted a temporary moratorium on deepwater drilling in the wake of the BP Plc oil spill in the Gulf of Mexico. The ruling is a setback for...

JUNEAU, Alaska - Bristol Palin is hitting the speakers' circuit and will command between $15,000 and $30,000 for each appearance, Palin family attorney Thomas Van Flein said Monday.