http://www.freerepublic.com/tag/ninthcircuit/ en-us Sun, 13 Jul 2008 16:25:13 GMT Focus Forum 15 http://www.freerepublic.com/focus/f-news/2044825/posts Schools may not strip-search students for drugs based on an unverified tip, a federal appeals court ruled Friday. Overturning two other rulings, the U.S. 9th Circuit Court of Appeals said an assistant principal at an Arizona middle school violated the constitutional rights of a 13-year-old by ordering her to be strip-searched. He thought the honor student had prescription-strength ibuprofen; she did not. The 6-5 ruling by the San Francisco-based court reinstated a lawsuit that a divided three-judge circuit panel threw out last year. The lawsuit was brought by the parents of Savana Redding, who was an eighth-grader at Safford Middle... LA Times http://www.freerepublic.com/focus/f-news/2044825/posts#comment Sun, 13 Jul 2008 16:25:13 GMT http://www.freerepublic.com/focus/f-news/2041216/posts Howard Kaloogian is a lawyer and a former member of the California State Assembly. GITMO AND GUNS are getting all the press. But energy mavens are talking about another recent far-reaching — but little noted — U.S. Supreme Court decision on the California energy crisis: It took them seven years but they finally figured it out. The revisionist part of the story is well known: Big bad oil traders like Enron gamed the market and drove up energy costs fifteen-fold. The blackouts, insolvent utilities and economic chaos are remembered as the worst energy crisis in American history. But the Supreme... The Providence Journal http://www.freerepublic.com/focus/f-news/2041216/posts#comment Sat, 5 Jul 2008 20:36:43 GMT http://www.freerepublic.com/focus/f-news/2040965/posts A federal appeals court gave an anti-abortion group the go-ahead Wednesday to drive trucks with enlarged photos of aborted fetuses past California schools, saying the Constitution protects the display of disturbing messages.  Los Angeles County sheriff's deputies interfered with free speech by ordering the driver of one such truck to move away from a middle school, said the Ninth U.S. Circuit Court of Appeals in San Francisco. The deputies had cited a state law barring disruptive activities near public school grounds.  "The government cannot silence messages simply because they cause discomfort, fear or even anger," said a panel of three... sf chron http://www.freerepublic.com/focus/f-news/2040965/posts#comment Sat, 5 Jul 2008 04:07:06 GMT http://www.freerepublic.com/focus/f-news/2040576/posts Top federal judges ruled this week that their own court has gone too far in holding up logging projects, saying western judges from now on must show more deference to the agencies planning the cutting. The ruling involving an Idaho timber sale is a blow to environmental groups that have increasingly relied on federal courts to block projects they see as unsound. The decision is especially striking because it comes from the federal appeals court that encompasses most national forest land in the West and is known for its liberal bent and for often siding with environmental interests. The... The Oregonian http://www.freerepublic.com/focus/f-news/2040576/posts#comment Fri, 4 Jul 2008 02:27:22 GMT http://www.freerepublic.com/focus/f-news/2040415/posts 9th Circuit Court of Appeals Hands First Amendment Victory to Center for Bio-Ethical Reform COLUMBUS, OH– July 3, 2008 – A federal appellate panel ruled Wednesday that the Los Angeles County Sheriff's Department violated the Center for Bio-Ethical Reform's (CBR) free speech rights when two CBR associates were forced to move a mobile billboard display of enlarged photos of early-term aborted fetuses away from a Rancho Palos Verdes middle school campus.   The Center for Bio-Ethical Reform (CBR), a non-profit pro-life educational foundation, sued the LA County Sheriff's Department and an assistant principal at Dodson Middle School, claiming civil rights... CBR E-mail http://www.freerepublic.com/focus/f-news/2040415/posts#comment Thu, 3 Jul 2008 20:44:12 GMT http://www.freerepublic.com/focus/f-news/2019421/posts Ninth Circuit Rules Against Military's 'Don't Ask, Don't Tell' By Pete Winn CNSNews.com Senior Staff Writer May 21, 2008 (CNSNews.com) - The future of the military's "Don't Ask, Don't Tell" policy was cast into doubt on Wednesday. The Ninth Circuit Court of Appeals in San Francisco, Calif., ruled that it is no longer enough for the military to state the policy -- which says that "homosexuality is incompatible with military service" -- when it discharges members of the armed services it discovers to be homosexuals. In a split decision, a three-judge panel ruled that the U.S. Air Force will have... CNS News http://www.freerepublic.com/focus/f-news/2019421/posts#comment Wed, 21 May 2008 23:37:24 GMT http://www.freerepublic.com/focus/f-news/1996461/posts SAN FRANCISCO (Reuters) - A roommate-finding site cannot require users to disclose their sexual orientation, a U.S. appeals court ruled on Thursday, in the latest skirmish over whether anti-discrimination rules apply to the Web. The U.S. 9th Circuit Court of Appeals said Roommates.com, which obliges users to list their sexual orientation, was different than Internet sites where people can volunteer or withhold personal information. To inquire electronically about sexual orientation would not be different from asking people in person or by telephone if they were black or Jewish before conducting business, the panel said in an 8-3 ruling that partly... Reuters http://www.freerepublic.com/focus/f-news/1996461/posts#comment Fri, 4 Apr 2008 02:07:08 GMT http://www.freerepublic.com/focus/f-news/1994212/posts Gov. Arnold Schwarzenegger praised a Sunday decision by a U.S. Supreme Court justice to keep a convicted killer behind bars. Justice Anthony Kennedy put a hold on a federal court's decision ordering the release on parole of Fred McCullough, who was convicted of second-degree murder in Los Angeles in 1983. McCullough is serving a term of 15 years to life. "The governor's top priority is public safety," said spokeswoman Lisa Page, who said Schwarzenegger will continue to seek to deny McCullough parole. The state parole board twice before recommended McCullough for parole, citing his good behavior. In 2002, then- governor... AP via SFEexaminer http://www.freerepublic.com/focus/f-news/1994212/posts#comment Mon, 31 Mar 2008 02:23:18 GMT http://www.freerepublic.com/focus/f-news/1974381/posts Some columns write themselves. Some are a struggle and leave me confused, conflicted and a little angry. This is one of those. It started out as a tongue-in-cheek look at the recent action by the city council in Berkeley, Calif., to oust the U.S. Marine Corps recruiting office and brand the Marines “uninvited and unwelcome intruders.” I planned to compare the situation in that strange city with our fairly-liberal-but-not-ridiculously-so approach here in Corvallis. Then I started doing research. I learned that an anti-military organization has access to our high school students equal to that of the U.S. Armed Forces. The... Corvallis Gazette-Times http://www.freerepublic.com/focus/f-news/1974381/posts#comment Fri, 22 Feb 2008 09:42:28 GMT http://www.freerepublic.com/focus/f-news/1970571/posts Services will be Friday for Joseph Sneed of San Francisco, a conservative judge on a liberal federal appeals court for more than three decades and a member of the judicial panel that appointed Kenneth Starr to look into President Bill Clinton's financial dealings. Judge Sneed, a senior judge on the Ninth U.S. Circuit Court of Appeals in San Francisco, died Saturday at his home. He was 87. Among his survivors is daughter Carly Fiorina, who was chief executive of Hewlett-Packard Co. from 1999 to 2005. SF Gate http://www.freerepublic.com/focus/f-news/1970571/posts#comment Fri, 15 Feb 2008 00:46:25 GMT http://www.freerepublic.com/focus/f-news/1941875/posts The U.S. Senate has approved adding another judge to the nation’s busiest appellate court, the 9th Circuit Court of Appeals, based in San Francisco. Judges on the court have the highest caseload in the nation, says U.S. Sen. Dianne Feinstein, D-Calif., one of the sponsors of the legislation. The measure transfers a judgeship from the District of Columbia Circuit to the Ninth Circuit. “California needs more judges. The Senate has recognized that it makes sense to take a judgeship from where it is needed least, and put it in California where it is needed most,” says Ms. Feinstein. According to... Central Valley Business Times http://www.freerepublic.com/focus/f-news/1941875/posts#comment Wed, 19 Dec 2007 20:12:33 GMT http://www.freerepublic.com/focus/f-news/1934204/posts Two blockbuster religious liberty cases - involving the constitutionality of the Pledge of Allegiance in schools and "In God We Trust" on our money - will be heard this week by the Ninth Circuit Court of Appeals in San Francisco. PJI Chief Counsel Kevin Snider will be arguing alongside lawyers for the Department of Justice in defense of the national motto, "In God We Trust." Both lawsuits were filed by atheist Michael Newdow, who claims that the Pledge of Allegiance and national motto are unconstitutional "establishments" of religion. Ninth Circuit judges have previously heard and agreed with Newdow's position that... Pacific Justice.Org http://www.freerepublic.com/focus/f-news/1934204/posts#comment Tue, 4 Dec 2007 00:24:47 GMT http://www.freerepublic.com/focus/f-news/1931217/posts When I was browsing Rough & Tumble this morning and saw that Associated Press had come up with its own in-depth analysis of the governor's health care proposal, I was hopeful that the global wire service would take a close look at the vast evidence that the gov's plan was illegal under a 1974 federal law known as ERISA. No such luck. Even though the only state in the union with a law mandating that employers provide or pay for health insurance is the one (Hawaii) with a congressional exemption from the federal law, this fact has barely been acknowledged... San Diego Union Tribune http://www.freerepublic.com/focus/f-news/1931217/posts#comment Tue, 27 Nov 2007 17:28:47 GMT http://www.freerepublic.com/focus/f-news/1927747/posts The Court of Appeals for the U.S. Ninth Circuit upheld this summer an Oakland, Calif., city government declaration that the phrase "marriage is the foundation of the natural family and sustains family values" was inflammatory and promoted harassment based on so-called sexual orientation. The phrase was also deemed to be homophobic and disruptive. It seems a few Christian women working for Oakland's city government formed a Good News Employee Association, and in promoting the club, included the aforementioned phrase on a flier. Later, a lesbian worker complained that the flier made her feel "targeted" and "excluded." Most recently, hate crimes... Townhall/Baptist Press http://www.freerepublic.com/focus/f-news/1927747/posts#comment Mon, 19 Nov 2007 11:37:52 GMT http://www.freerepublic.com/focus/f-news/1926901/posts In this opinion just released this morning, three Judges of the Ninth Circuit, including one of the most liberal anti-government judges in the Country, Harry Pregerson, sided with the Administration on its asserting of the “State Secrets” privilege in a lawsuit brought by Islamic groups and others against both the government. and the telecommunication companies that helped put in place the terrorist surveillance program that involved the use of warrantless wiretaps. The court first ruled that the existence of the program was no longer a state secret because the Admin. confirmed its existence and some of its details following the... http://patterico.com/ http://www.freerepublic.com/focus/f-news/1926901/posts#comment Fri, 16 Nov 2007 22:09:43 GMT http://www.freerepublic.com/focus/f-news/1897906/posts WARDLAW, Circuit Judge: Plaintiffs Cynthia and Craig Corrie, Mahmoud Al Sho’bi, Fathiya Muhammad Sulayman Fayed, Fayez Ali Mohammed Abu Hussein, Majeda Radwan Abu Hussein, and Eida Ibrahim Suleiman Khalafallah filed this action after their family members were killed or injured when the Israeli Defense Forces (“IDF”) demolished homes in the Palestinian Territories using bulldozers manufactured by Caterpillar, Inc., a United States corporation. The IDF ordered the bulldozers directly from Caterpillar, but the United States government paid for them. The district court dismissed the action under Federal Rule of Civil Procedure 12(b)(6), finding it lacked jurisdiction because, inter alia, the political... 9th Circuit Ct. http://www.freerepublic.com/focus/f-news/1897906/posts#comment Mon, 17 Sep 2007 17:50:58 GMT http://www.freerepublic.com/focus/f-news/1893276/posts Alcoholics Anonymous, the renowned 12-step program that directs problem drinkers to seek help from a higher power, says it's not a religion and is open to nonbelievers. But it has enough religious overtones that a parolee can't be ordered to attend its meetings as a condition of staying out of prison, a federal appeals court ruled Friday. In fact, said the Ninth U.S. Circuit Court of Appeals in San Francisco, the constitutional dividing line between church and state in such cases is so clear that a parole officer can be sued for damages for ordering a parolee to go through... San Francisco Chronicle http://www.freerepublic.com/focus/f-news/1893276/posts#comment Sat, 8 Sep 2007 22:55:50 GMT http://www.freerepublic.com/focus/f-news/1893002/posts In 2004, within four months of each other, two three-judge panels of the U.S. Court of Appeals for the Ninth Circuit decided cases involving the Constitution's Establishment Clause and its requirement of government neutrality regarding religion. In May, a panel held that a Latin cross on federal lands in honor of American servicemen killed in World War I violated the Establishment Clause and must be removed. That the memorial commemorated American "history and culture" was irrelevant to the panel; after all, the cross symbolizes Christianity. In September, another panel held that Arizona's designation of private property as sacred to American... Townhall.com http://www.freerepublic.com/focus/f-news/1893002/posts#comment Sat, 8 Sep 2007 11:08:49 GMT http://www.freerepublic.com/focus/f-news/1890580/posts A federal appeals court allowed the Navy today to resume using underwater sonar blasts in anti-submarine warfare tests off the Channel Islands in Southern California, saying the nation’s military needs outweigh the safety of endangered whales. In a 2-1 decision, the Ninth U.S. Circuit Court of Appeals in San Francisco suspended an April 6 injunction by a federal judge in Los Angeles that ordered the Navy to halt the sonar experiments during training exercises scheduled through 2009. In her ruling, U.S. District Judge Florence-Marie Cooper said the underwater sound waves could harm nearly 30 species of marine mammals, including five... Michelle Malkin http://www.freerepublic.com/focus/f-news/1890580/posts#comment Mon, 3 Sep 2007 17:28:15 GMT http://www.freerepublic.com/focus/f-news/1864829/posts For years, the 9th Circuit has been the Supreme Court’s whipping boy. And this year was no different: The Court reversed more opinions from the 9th Circuit than any other: According to an Op-Ed in today’s LA Times, the Court reversed or vacated a whopping 19 cases out of 22 it took from the 9th Circuit. (Skeptics of 9th Circuit decisions aren’t limited to Washington, though. Several years ago, we heard a respected federal judge in New York refer to the circuit — in open court and not entirely in jest, it seemed — as “the land of fruits and... The Law Blog (Wall Street Journal) http://www.freerepublic.com/focus/f-news/1864829/posts#comment Thu, 12 Jul 2007 15:28:12 GMT http://www.freerepublic.com/focus/f-news/1863481/posts A U.S. District Court judge has been asked to reconsider his ruling in a 2004 free speech lawsuit filed by a former Poway High School student who was prohibited by school officials from expressing his opposition to a “Day of Silence” sponsored by the Gay, Lesbian and Straight Education Network. Tyler Harper, then a student at Poway High School, came to school wearing a T-shirt bearing the handwritten messages, “I will not accept what God has condemned” and “Homosexuality is shameful. Romans 1:27." School officials, claiming that Harper’s message could be disruptive, suspended him after he refused to take off... California Catholic Daily http://www.freerepublic.com/focus/f-news/1863481/posts#comment Tue, 10 Jul 2007 10:07:15 GMT http://www.freerepublic.com/focus/f-news/1847806/posts We consider the Fourth Amendment’s limits on the use of trickery and force in conducting seizures. Facts Ascension Alverez-Tejeda and his girlfriend drove up to a traffic light. As the light turned green, the car in front of them lurched forward, then stalled. Alverez-Tejeda managed to stop in time, but the truck behind him tapped his bumper. As Alverez-Tejeda got out to inspect the damage, two officers pulled up in a police cruiser and arrested the truck driver for drunk driving. The officers got Alverez-Tejeda and his girlfriend to drive to a nearby parking lot, leave the keys in the... Ninth Circuit Opinions http://www.freerepublic.com/focus/f-news/1847806/posts#comment Sun, 10 Jun 2007 07:34:45 GMT http://www.freerepublic.com/focus/f-news/1835185/posts SAN FRANCISCO (UPI) -- A court in San Francisco ruled that a roommate-matching Web site may be held accountable for what users say about their preferences. A three-judge panel of the federal appeals court ruled in favor of two California fair housing groups that brought the complaint against Roommate.com, saying the Web site violates the Fair Housing Act by allowing users to specify roommate preferences based on sex, race, religion and sexual orientation, The New York Times reported Wednesday. The ruling took away the main argument of the defense: that a 1996 ruling granting immunity to Internet service providers that... GOPUSA http://www.freerepublic.com/focus/f-news/1835185/posts#comment Thu, 17 May 2007 16:03:16 GMT http://www.freerepublic.com/focus/f-news/1808574/posts Legislation restoring a parental consent law for minor girls seeking an abortion has been established in Idaho, after Governor Butch Otter signed the measure March 27. ?This is a tremendous victory for the families of Idaho. We fully expect this law to go unchallenged in court,? said David Ripley of Idaho Chooses Life. ?With the bill?s emergency clause, this law is now in effect. Hopefully the days are past when Planned Parenthood and others can prey upon Idaho?s daughters.? Court battles over parental consent legislation have cost the state hundreds of thousands of dollars in legal costs over the past... Life Site http://www.freerepublic.com/focus/f-news/1808574/posts#comment Thu, 29 Mar 2007 07:22:15 GMT http://www.freerepublic.com/focus/f-news/1798018/posts From: LifeSiteNews US Court Rules it's OK to Censor the Terms 'Natural Family,' 'Marriage' and 'Family Values' Attorney representing harassed Christian employess warns, "If we choose to be silent, silenced we shall be" TEMECULA, California, March 8, 2007 (LifeSiteNews.com) - Earlier this week, San Francisco's United States notorious Ninth Circuit Court of Appeals ruled in the matter of Good News Employees Association v. Hicks that municipal employers can completely censor the terms "natural family," "marriage" and "family values" as hate speech. The court concluded that municipalities have a right to literally dictate what form an employee's speech may take, even... LifeSite News http://www.freerepublic.com/focus/f-news/1798018/posts#comment Fri, 9 Mar 2007 15:13:32 GMT