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Keyword: ninthcircuit

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  • Sen. Feinstein says White House didn't consult on judicial nominees

    10/11/2018 3:36:40 PM PDT · by jazusamo · 148 replies
    The Washington Times ^ | October 11, 2018 | Alex Swoyer
    The top Democrat on the Senate Judiciary Committee blasted the White House Thursday for picking nominees for the West Coast’s appeals court without consulting her, and saying one of the three doesn’t have any judicial experience. President Trump named a new slate of court picks Wednesday, including three judges to sit on the 9th Circuit Court of Appeals. But Sen. Dianne Feinstein of California objected, saying she had tried to consult with the White House but was rebuffed. She said she would withhold her blue slip, in a signal that she doesn’t acquiesce to the picks. Blue slips are a...
  • Trump Defies California Senators With 9th Circuit Judge Nominations

    10/12/2018 2:10:20 AM PDT · by Helicondelta · 164 replies
    sacbee.com ^ | October 11, 2018
    After months of negotiations and delays, the White House is moving to fill California’s three vacancies on the influential 9th U.S. Circuit Court of Appeals — over the strenuous objections of the state’s two Democratic senators. President Trump’s nominees for the appeals court — litigators Daniel Collins and Kenneth Lee and Assistant United States Attorney Patrick Bumatay — are all based in Southern California, are prominent members of the conservative Federalist Society, and have worked for Republican administrations. None of the three were approved by Feinstein or Harris via a process known as a “blue slip,” the senators’ offices confirmed...
  • Abortion Activist Trying Again to Force Little Sisters of the Poor to Fund Abortions

    10/12/2018 4:43:57 PM PDT · by Morgana · 10 replies
    LIFE NEWS ^ | October 11, 2018 | Steven Ertelt
    The Little Sisters of the Poor took their fight to not have to pay for abortions in their health care plan all the way to the Supreme Court and won. So that should be the end of the battle right? Not so much. Last year, pro-abortion attorneys general in Pennsylvania and several other states filed lawsuits to overturn new religious protections issued by the Trump administration. The new rules protect the nuns and other religious employers from having to pay for drugs that may cause abortions in their employee health care plans. A federal judge blocked the rule in response...
  • Trump defies DiFi and Kamala, nominating 3 Federalist Society members for Ninth Circuit

    10/12/2018 9:43:38 AM PDT · by SeekAndFind · 56 replies
    American Thinker ^ | 10/12/2018 | Thomas Lifson
    The Ninth Circuit Court of Appeals is about to become about ten percent less crazy.  President Trump has nominated three new judges for the 29-seat circuit court, over the objections of the two senators representing their home state of California.  Until Trump discarded the practice, home state senators were allowed to veto judicial nominations for courts in their states, a custom known as the "blue slip."  That seems quaint these days, a relic of a bygone era in which actual qualifications, not ideology, were the issue in Senate confirmation votes that, anyway, required a filibuster-proof 60 votes.As a result, President Trump and...
  • Dems Put the Screws to Murkowski (CAPTION!)

    10/05/2018 3:35:42 PM PDT · by Libloather · 77 replies
    Rush Limbaugh ^ | 10/05/18 | El Rushbo
    RUSH: I want to reread to you Kimberley Strassel’s tweets about Lisa Murkowski. Lisa Murkowski… By the way, this is another one that CNN obviously is nervous about because earlier today Lisa Murkowski was a definite “no” on Kavanaugh, and in announcing her definite “no” she said, “He’s just not the right man for the Supreme Court right now.” “…just not the right man…” So Kimberly Strassel says now she’s changing… **SNIP** Another interesting thing. Hang on. Another new development. But hang on here just a second. Here’s a second tweet before it Kimberley Strassel: Lisa Murkowski, Republican, Alaska, today...
  • Expected: Hawaii Files For Ninth Circuit En Banc Ruling On Right To Bear Arms

    09/22/2018 3:06:26 AM PDT · by marktwain · 11 replies
    Ammoland ^ | 18 September, 2018 | Dean Weingarten
    On 24 July, 2018, a three-judge panel of the Ninth Circuit upheld the right to bear arms outside the home. As expected, the State of Hawaii waited until the last possible day, then filed a petition for the Ninth Circuit to hear the case en banc, that is, by the whole court.Because the Ninth Circuit is so large and awkward [President Trump should break this court up] compared to other circuits, an en banc hearing of the Ninth involves 11 judges chosen at random, out of the 23 or 24 judges (depending on confirmation hearings) on the Ninth Circuit....
  • SF Court: Cities can't prosecute people for sleeping on streets

    09/04/2018 7:06:51 PM PDT · by artichokegrower · 40 replies
    San Francisco Chronicle ^ | September 4, 2018 | Rebecca Boone
    BOISE, Idaho (AP) — Cities can't prosecute people for sleeping on the streets if they have nowhere else to go because it amounts to cruel and unusual punishment, which is unconstitutional, a federal appeals court said Tuesday.
  • Trump Ready To Turn His Sights To Remaking The 9th Circuit Court

    08/16/2018 9:58:43 PM PDT · by Helicondelta · 36 replies
    There's been a noticeable exception to President Donald Trump's otherwise successful effort to appoint young, conservative judges to the nation's appellate courts. The Senate has confirmed a record 24 new circuit court judges nationwide in 20 months — with two more nominees scheduled for votes this week. But Trump has made far less progress in the jurisdiction he criticizes the most: the liberal-leaning U.S. 9th Circuit Court of Appeals, including California and eight other Western states. Since Trump took office, the Senate has confirmed only one 9th Circuit judge — in Hawaii — leaving seven openings. But there are signs...
  • Ninth Circuit Panel Rules CA Unsafe Handgun Act not Covered by Second Amendment

    08/10/2018 5:20:39 AM PDT · by marktwain · 34 replies
    Gun Watch ^ | 10 August, 2018 | Dean Weingarten
    A three judge panel in the Ninth Circuit Court of Appeals has ruled the restrictions of the California Unsafe Handgun Act (UHA) do not violate the Second Amendment.  In circular reasoning, the opinion posits the UHA restrictions do not restrict behavior protected by the Second Amendment. They then apply the least restrictive Constitutional test to determine if the behavior is protected. Unsurprisingly, they find that it is not. The key to the decision is the Ninth Circuit's hostility to a broad reading of the Second Amendment. The Circuit, in it's en banc rulings, such as Peruta, Tiexeira v. County...
  • Hawaiian Dad Hopes to Keep a Promise to His Late Daughter by Fighting State's Gun Laws Up to SCOTUS

    08/09/2018 6:04:52 AM PDT · by marktwain · 11 replies
    Independent Review Journal ^ | 8 August,2018 | Sydney Monduy
    During a conversation with his late daughter, Vietnam War veteran George Young explained the importance of the Second Amendment.However, his daughter, Tim, was shocked to find out that her father could not carry a handgun in the state of Hawaii.“I made the promise that they cannot take your Second Amendment away,” Young said in an interview with Reuters. “So to prove it to her, that's when I started.”After his daughter died in a car crash in 2004, Young decided to keep his promise and began a journey to fight the state's gun laws that may end at the Supreme Court.At...
  • Ninth Circuit Allows Trump Supporters' Lawsuit Over Protest Injuries to Proceed

    07/27/2018 4:45:33 PM PDT · by markomalley · 18 replies
    Law dot com ^ | 7/27/18 | Cheryl Miller
    A class action filed by Donald Trump supporters who say they were injured after San Jose police in 2016 steered them into a mob of protesters will continue after the U.S. Court of Appeals for the Ninth Circuit on Friday doused police officers’ arguments seeking qualified immunity.A three-judge panel unanimously affirmed U.S. District Judge Lucy Koh of the Northern District of California’s 2017 ruling denying the city of San Jose’s efforts to dismiss the suit against seven police officers. The plaintiffs say the officers channeled them into a violent crowd on June 2, 2016, as they exited a rally for...
  • Ninth Circuit Rules Openly Carrying Firearm in Public Is Constitutional

    07/24/2018 10:15:43 AM PDT · by rktman · 109 replies
    breitbart.com ^ | 7/24/2018 | AWR Hawkins
    The United States Court of Appeals for the Ninth Circuit ruled Tuesday that openly carrying a firearm in public is constitutional. The ruling, issued by a three-judge panel, is a rebuttal to Hawaii’s claim that Second Amendment protections only applied to carrying a gun openly in one’s home. Reuters reports that the case was brought by George Young, after Hawaiian official “twice [denied] him a permit to carry a gun outside.” A District Court ruled that the denial did not infringe rights protected by the Second Amendment, but the Ninth Circuit panel disagreed.
  • Rubio, Scott Lead Assault on Conservative Judge, Take Down ‘Qualified’ Nominee

    07/20/2018 12:19:21 PM PDT · by conservative98 · 62 replies
    Breitbart ^ | 20 Jul 2018 | Katherine Rodriguez
    Republican Sens. Marco Rubio and Tim Scott torpedoed a conservative nominee to the Ninth Circuit appeals court on Thursday whom even liberals called qualified for the bench, citing college-era political comments, energizing Democrats, and creating a new line of attack against the confirmations of dozens of other judicial picks, including Brett Kavanaugh for the Supreme Court. Ryan Bounds, an Oregon federal prosecutor who clerked for Judge Diarmuid O’Scannlain on the Ninth Circuit, had an impressive array of credentials that impressed people on the left and the right. Even the left-wing American Bar Association (ABA) unanimously voted to rate Bounds as...
  • Ryan Bounds, Trumps Ninth Circuit Nominee, Withdrawn From Senate Floor Vote

    07/19/2018 12:27:03 PM PDT · by Lurking Libertarian · 82 replies
    National Law Journal ^ | July 19, 2019 | Ellis Kim
    In a dramatic move Thursday, Senate Majority Leader Mitch McConnell withdrew the nomination of President Donald Trump’s pick for the Ninth Circuit, Ryan Bounds, after reports surfaced that his nomination didn’t have enough votes for confirmation. Bounds, an assistant U.S. attorney in Oregon for the last eight years, was the Trump administration’s first nominee to the Ninth Circuit, named in September to replace Judge Diarmuid O’Scannlain, for whom Bounds clerked. O’Scannlain took senior status at the end of 2016. Both of Bounds’ home-state senators, Democrats Ron Wyden and Jeff Merkley, opposed his nomination. They withheld their blue slips for Bounds,...
  • US DOJ sides with Apple over App Store antitrust allegations in Supreme Court brief

    05/10/2018 12:31:00 PM PDT · by Swordmaker · 7 replies
    Appleeinsider ^ | Thursday, May 10, 2018, 08:20 am PT | By Stephen Silver
    The Department of Justice on Wednesday filed a brief with the U.S. Supreme Court supporting Apple's fight against a class action suit alleging that the company violates antitrust laws in regards to how it assesses app store fees, and how it decides what is hosted on the App Store. The class suing believe Apple has engaged in anti-competitive behaviors in taking a cut from developers sale proceeds. Also at issue is whether companies like Apple can be sued under antitrust law over App Stores, with the plaintiffs potentially awarded treble damages because of the behavior. The Ninth Circuit Court of...
  • Lawyer justifying assault against Trump supporters backfires

    04/18/2018 9:52:22 AM PDT · by Signalman · 26 replies
    Media Equalizer ^ | 4/18/2018 | Martin Walsh
    A lawyer is arguing that the San Jose Police Department in California isn’t liable for President Donald Trump’s supporters being attacked and assaulted because they were essentially asking for it. According to CourthouseNews.com, a Ninth Circuit panel appears to be leaning toward allowing Trump supporters to move forward with their negligence claims against San Jose for failing to protect them during a far-left riot at a Trump campaign rally in 2016. “There was an angry mob at the end of one exit while police said the other exits were blocked,” said Circuit Judge William Fletcher during the Monday hearing. “That...
  • A Prominent Liberal Judge From The 9th Circuit Court Has Died At 87

    03/29/2018 5:23:14 PM PDT · by mgstarr · 131 replies
    Judge Stephen Reinhardt of the US Court of Appeals for the 9th Circuit has died, a court spokesperson confirmed. He was 87. A liberal champion, Reinhardt was appointed to the bench by President Carter in 1980. He authored key liberal court opinions on hot-button topics ranging from abortion and marriage equality to assisted suicide and immigration. At the same time, the opinions made him a target of criticism from conservative corners — and of regular reversal from the Supreme Court.
  • The Ninth Circuit Just Allowed Children To Sue Trump Over Global Warming

    03/08/2018 11:05:29 AM PST · by Enlightened1 · 70 replies
    The Daily Caller ^ | 03/07/18 | Michael Bastah
    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...
  • Ninth Circuit rules taxpayers don't have to provide lawyers for illegal immigrant children

    01/30/2018 4:29:14 PM PST · by fwdude · 52 replies
    American Thinker ^ | January 30, 2018 | Thomas Lifson
    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...
  • Immigrant children aren't entitled to government-paid lawyers in deportation hearings, court rules

    01/30/2018 8:37:11 AM PST · by V K Lee · 33 replies
    http://www.latimes.com/ ^ | Jan 29, 2018 | Maura Dolan
    A federal appeals court decided unanimously Monday that minor immigrants who are in the country without legal authorization are not entitled to government-paid lawyers in hearings that could lead to their deportation. 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.