Keyword: circuit

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  • Are You Ready for Fake Facts and Fake Law from the Ninth Circuit?

    06/14/2017 6:44:57 AM PDT · by AJFavish · 8 replies
    American Thinker ^ | July 14, 2017 | Allan J. Favish
    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 Law That Never Was

    02/10/2017 6:01:45 AM PST · by AJFavish · 49 replies
    American Thinker ^ | February 10, 2017 | Allan J. Favish
    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.
  • Warning: Package Contains Judges, Three Each, So-Called

    02/09/2017 12:32:51 PM PST · by Yo-Yo · 15 replies
    Skating Under the Ice ^ | 2/8/17 | Willis Eschenbach
    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...
  • Bill to split 'nutty 9th Circuit' gains momentum

    02/09/2017 7:13:45 AM PST · by servo1969 · 51 replies ^ | 2-9-2017 | Barnini Chakraborty
    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...
  • Trump’s travel ban: Why the 9th Circuit could flip and unexpectedly grant a stay

    02/08/2017 12:47:08 PM PST · by Yo-Yo · 28 replies
    Fox News Online ^ | February 8th, 2017 | Robert Charles
    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...
  • Judges Reject Orange County's Claim That Social Workers Didn't Know Lying In Court Was Wrong

    01/17/2017 7:30:00 AM PST · by servo1969 · 45 replies ^ | 1-6-2017 | R. SCOTT MOXLEY
    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...
  • UPDATE: 5th Circuit Court Declines Obama Request for Fast Ruling on Injunction

    03/17/2015 11:50:10 AM PDT · by sheikdetailfeather · 24 replies
    Numbers USA ^ | 3-13-2015 | Numbers USA
    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.
  • Ezell’s doctrinal rules for the Second Amendment(Seventh Circuit)

    07/09/2011 6:21:08 AM PDT · by marktwain · 2 replies ^ | 8 July, 2011 | David Kopel
    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

    07/08/2010 5:07:58 PM PDT · by Nachum · 20 replies · 1+ views ^ | 7.8/10 | Michelle Malkin
    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...
  • Bristol Palin to net up to $30K for each speech

    05/18/2010 5:07:15 PM PDT · by OldDeckHand · 67 replies · 1,651+ views
    AP via MSNBC ^ | 05/18/2010 | Staff
    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.
  • Second Circuit Court of Appeals Rules Against City of New York(Gun Shop Case)

    08/15/2009 9:40:30 AM PDT · by marktwain · 1 replies · 605+ views
    ereleases ^ | 14 August, 2009 | na
    The decision tips the scale toward defendants’ rights; represents victory for privately owned gun shop in the Bronx NEW YORK, Aug. 14, 2009 — The United States Second Circuit Court of Appeals ruled in favor of a Bronx gun shop owner who claimed her constitutional rights were violated in a search and seizure of her store following a post-9/11 security crackdown by the New York City Police Department. Angela Spinelli, the owner of Olinville Arms, Inc., appealed the case to the Second Circuit after a federal district court granted the City of New York and the NYPD officers’ motion for...
  • Circuit City to liquidate remaining US stores

    01/16/2009 8:02:28 AM PST · by re_tail20 · 151 replies · 4,571+ views
    AP ^ | January 16, 2009 | Vinee Tong
    Circuit City Stores Inc. says it has reached an agreement with liquidators to sell the merchandise in its 567 U.S. stores after failing to find a buyer or a refinancing deal.
  • Computer circuit builds itself

    10/16/2008 10:21:05 PM PDT · by LibWhacker · 10 replies · 538+ views
    Nature ^ | 10/16/08 | Geoff Brumfiel
    Organic molecules organize themselves to form a bridge between electrodes.A team of European physicists has developed an integrated circuit that can build itself. The work, appearing in this week's Nature1, is an important step towards its ultimate goal — a self-assembling computer. Today's computer chips are made by etching patterns onto semiconducting wafers using a combination of light and photosensitive chemicals. But the technique is being pushed to the limit as ever more processing power is being packed onto chips, requiring engineers to etch details just a few tens of nanometres across. So scientists are hunting for alternative ways to...
  • 2008 candidates hit the humor circuit

    02/01/2007 9:36:14 PM PST · by NormsRevenge · 8 replies · 392+ views
    AP on Yahoo ^ | 2/1/07 | Joan Lowy - ap
    WASHINGTON - It's the standard post-Super Bowl question, with a twist. "Hey, Joe Biden, you just got off to an inauspicious start to your presidential campaign with some poor choice of words. What are you going to do now?" Answer: He's going on "The Daily Show with Jon Stewart." Candidates subjecting themselves to the biting wit and ribbing of faux newsmen and comedians seems like a modern-day version of cruel and unusual punishment — and an oddity when much of politics has become heavily scripted. Yet, politicians have beaten a path to the unconventional forums of Comedy Central's "The Daily...
  • Watt a mess! Power lines hit homeowner with financial jolt(Stupidity alert)

    12/28/2006 5:17:17 AM PST · by GQuagmire · 126 replies · 3,682+ views
    Boston Herald ^ | Thursday, December 28, 2006 | Jay Fitzgerald
    A North Attleboro man faces financial ruin because he built a new home so close to dangerous high-voltage transmission lines that fluorescent bulbs inside the house light up without even being plugged in. The electric currents running through the two-story home are considered so potentially harmful that the town’s fire department has strung “caution” tape around the house while an electrical inspector has refused to issue a final permit out of fear someone might get electrocuted. The home’s metallic door knobs and exterior shingles give off mild electric jolts when touched, while flowing currents are strong enough to light up...
  • Why homosexuals should not adopt or teach children

    08/25/2006 9:53:42 AM PDT · by BJClinton · 100 replies · 6,761+ views
    Townhall ^ | 08/25/2006 | Mike S. Adams
    Ever since I announced my bid for the United States Presidency, I’ve been questioned about some of my more radical political opinions. Most of those questions have dealt with my proposed economic policies – for example, the abolition of the IRS and the implementation of the Fair Tax. Today, I offer an answer to questions about why I am opposed to the idea of gays adopting or teaching children. Several years ago, I began writing columns questioning the so-called gay rights movement. I prefer to call it the “gay privileges” movement because gays are not presently deprived of anything that...
  • Some Californians set to begin 11-digit dialing

    07/23/2006 4:15:21 PM PDT · by South40 · 82 replies · 2,360+ views
    The San Diego Union-Tribune ^ | July 23, 2006 | Dan Laidman
    LOS ANGELES – Starting Wednesday, seven-digit dialing will be a thing of the past for a broad swath of coastal Los Angeles County. Residents of such posh enclaves as Santa Monica, Malibu and Brentwood will be among the first Californians to be required to dial 11 digits each time they pick up the phone, even if they are calling a next-door neighbor. The change comes as part of the state's first-ever area code overlay, in which future phone numbers within a region receive a new area code while existing numbers keep the old one. It contrasts with the more common...
  • Ruling: Little Rock School District Remains Under Desegregation Order

    06/27/2006 7:15:49 PM PDT · by TheBattman · 3 replies · 404+ views
    KTHV/AP ^ | 6/27/2006 | Nick Genty
    Ruling: LRSD Remains Under Desegregation Order A ruling from a federal appeals panel upholds a lower court decision to keep the Little Rock School District under a federal desegregation order. However, the three appeals judge expressed concerns in their opinion that the school district may have been held to too strict a standard. The panel of the Eighth U.S. Circuit Court of Appeals at St. Louis agreed on Monday with a ruling in 2004 by U.S. District Judge William R. Wilson Junior in the long-running desegregation case. Wilson ruled in 2004 that the Little Rock district did not successfully evaluate...
  • Court OK's Compulsory Religious Education (as long is its Islam)

    05/23/2006 7:23:36 PM PDT · by Behind Liberal Lines · 29 replies · 1,120+ views
    Federal Review ^ | Tuesday, May 23, 2006
    A federal appeals court in California has ruled that public schools can require children to learn about long as the religion is Islam.Investors Business Daily reports that the notorious Ninth Circuit Court of Appeals has ruled the state can require students to participate in "Muslim role-playing exercises." The exercises include:Reciting aloud Muslim prayers that begin with "In the name of Allah, Most Gracious, Most Merciful . . . ." Memorizing the Muslim profession of faith: "Allah is the only true God and Muhammad is his messenger." Chanting "Praise be to Allah" in response to teacher prompts. Professing as "true"...
  • Appeals Court Declares Parenthood Unconstitutional

    11/03/2005 6:14:24 AM PST · by 84rules · 23 replies · 1,022+ views via ^ | November 3, 2005 | Susan Jones
    A new ruling from the 9th U.S. Circuit Court of Appeals is prompting cries of judicial activism. On Wednesday the court dismissed a lawsuit brought by California parents who were outraged over a sex survey given to public school students in the first, third and fifth grades. Among other things, the survey administered by the Palmdale School District asked children if they ever thought about having sex or touching other people's "private parts" and whether they could "stop thinking about having sex." The parents argued that they -- not the public schools -- have the sole right "to control the...