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Keyword: ninthcircus

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  • Justice Kennedy blocks gay marriage ruling in Idaho, Nevada

    10/08/2014 7:47:30 AM PDT · by HOYA97 · 86 replies
    Fox News ^ | 10/8/2014
    Supreme Court Justice Anthony Kennedy has temporarily blocked an appeals court ruling that declared gay marriage legal in Idaho and Nevada. The order came minutes after Idaho on Wednesday filed an emergency request for an immediate stay. The state's request said that without a stay, state and county officials would have been required to begin issuing marriage licenses to same-sex couples at 10 a.m. EDT. Kennedy's order requested a response from the plaintiffs involved in Idaho's gay marriage lawsuit by the end of day Thursday. The 9th U.S. Circuit Court of Appeals declared gay marriage legal in Idaho and Nevada...
  • Ninth Circuit Strikes Down Gay-Marriage Bans in Idaho, Nevada

    10/07/2014 1:38:50 PM PDT · by Oliviaforever · 90 replies
    WSJ ^ | 10/7/14 | Jess Bravin
    WASHINGTON—The San Francisco-based Ninth U.S. Circuit Court of Appeals on Tuesday struck down same-sex marriage bans in Idaho and Nevada, setting the stage for legal gay marriages in five more Western states. The unanimous decision comes a day after the U.S. Supreme Court let stand lower-court rulings that ended bans in five other states, a move that effectively expanded the right to gay marriage to 30 U.S. states. The Ninth Circuit decision will apply to five states with marriage bans in that appellate circuit, likely expanding to 35 the number of states with legal same-sex marriage.
  • 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. …
  • Court: Bloggers have First Amendment Protections

    01/18/2014 7:59:53 AM PST · by opentalk · 13 replies
    AP ^ | January 17, 2014 | Jeff Barnard
    GRANTS PASS, Ore. (AP) — A federal appeals court ruled Friday that bloggers and the public have the same First Amendment protections as journalists when sued for defamation: If the issue is of public concern, plaintiffs have to prove negligence to win damages. The 9th U.S. Circuit Court of Appeals ordered a new trial in a defamation lawsuit brought by an Oregon bankruptcy trustee against a Montana blogger who wrote online that the court-appointed trustee criminally mishandled a bankruptcy case.
  • California raisin grower battles federal order taking almost half his crop

    09/08/2013 8:30:54 AM PDT · by lowbridge · 16 replies
    http://www.foxnews.com ^ | september 7, 2013 | Dominic Di-Natale
    Since 1949, the government has been taking its share of their harvests under a Department of Agriculture protectionist order - Marketing Order 989 – originally designed to keep prices high and growers in business. “It began as 25 percent and then it went to 35 percent and then the year in question, they told us, we're going to take 47% of your crop. I said you’re not taking any of it,” Horne told me as we trod softly through the avenues of sugary sweet Thompson grapes, waiting to be trimmed by seasonal Hispanic harvesters. Reserves for agricultural products had existed...
  • GOP lawmakers fight to save cross at California war memorial

    08/25/2013 4:52:35 PM PDT · by Innovative · 6 replies
    Fox News ^ | Aug 24, 2013 | FoxNews
    Several Republican lawmakers are urging a federal district court in California to block the removal of a war memorial cross in a San Diego public park that was declared unconstitutional in 2011. "We're urging the court to permit a private organization to obtain and operate the war memorial – a remedy that would remove any constitutional questions and protect this longstanding tribute to our men and women in uniform," Sekulow said in a statement. The legal fight over the Mount Soledad cross began in 1989 when atheist Philip Paulson sued the city of San Diego.
  • Ninth Circuit Rules Abortion More Important than Women’s Lives

    05/22/2013 11:31:50 AM PDT · by SoFloFreeper · 19 replies
    National Review ^ | 5/22/13 | Mailee R. Smith
    This week the Ninth Circuit Court of Appeals this week struck down Arizona’s law prohibiting abortion at or after 20 weeks of pregnancy – a law that was based on uncontroverted medical evidence that abortion’s risks to maternal health increase dramatically at 20 weeks gestation. It is universally accepted that risks to maternal health from abortion increase as pregnancy progresses. There is no debate on that fact, and peer-reviewed evidence utilized by the Arizona Legislature demonstrated that abortion imposes significant risks of harm beginning at 20 weeks gestation. In fact, in his concurring opinion in this case, Isaacson v. Horne,...
  • How the LAPD Lost my Trust

    02/09/2013 5:19:56 PM PST · by marktwain · 46 replies
    Gun Watch ^ | 10 February, 2013 | Dean Weingarten
    I am a certified firearms instructor who has taught CCW classes in Arizona since the beginning of the CCW program there in 1994. As we are on the border with California, I watch the developments there with some interest. Unfortunately, nearly everything that I have read and heard about the LAPD and guns has lead me to distrust them. I had numerous students who had dealings with the LAPD. I started hearing stories about how guns were seized, even if there were no crime involved. If an officer came across a gun, it was seized, and it would not be...
  • Appellate Court Throws Out Death Sentences for Killer of Anthony Martinez

    07/12/2011 8:06:31 AM PDT · by granite · 17 replies
    Banning-Beaumont Patch ^ | July 11, 2011 | By Cindy Rhodes
    The U.S. Ninth Circuit Court of Appeals has overturned federal death sentences imposed on a child killer whose victims included a 10-year-old Beaumont boy, questioning the defendant's mental competence. Joseph Edward Duncan, III, 48, was convicted in August 2008 of murdering an Idaho family, two of whose members – both children – he abducted and used as sex slaves for weeks before one was rescued. Eleven years earlier, Duncan abducted, raped and killed Anthony Martinez from his Beaumont neighborhood after luring the youngster to his car with the promise of money for helping him find his lost cat. Anthony's remains...
  • GOP On Track To Block Obama Judicial Nominee For First Time

    05/19/2011 8:06:07 AM PDT · by yoe · 20 replies
    Fox News ^ | May 19, 2011 | Trish Turner |
    Republican opposition is steadily growing against controversial University of California-Berkley law professor Goodwin Liu, President Obama's nominee for the Ninth Circuit Court of Appeals, potentially imperiling a judicial appointment for the first time in his presidency. Senior Republicans launched an all-out push to quash the nomination, urging their conference colleagues to support a GOP-led filibuster. "(Liu's) record reflects a carefully honed and calculated philosophy that he developed and advanced over the course of his brief career in the ivory towers of academia and which threatens the American tradition of limited constitutional government," Sens. Charles Grassley of Iowa, top Republican on...
  • Voter identification law from 2004 struck down

    10/26/2010 3:56:16 PM PDT · by Tucson_AZ · 75 replies · 1+ views
    KVOA.com ^ | Updated: Oct 26, 2010 1:25 PM | KVOA.com
    SAN FRANCISCO - The U.S. Court of Appeals, 9th Circuit, has struck down the law requiring Arizona voters to present proof of citizenship to vote. Prop. 200, approved by Arizona voters in 2004, was found to violate federal law - the majority opinion was that the National Voter Registration Act precludes states from imposing additional requirements.
  • Pueblo Politics: Court overturns Arizona's proof of citizenship requirement for voter registration

    10/26/2010 1:29:41 PM PDT · by my small voice · 106 replies
    Arizona Daily Star ^ | 10/26/2010 | Rhonda Bodfield, Arizona Daily Star Arizona Daily Star
    The Ninth Circuit Court of Appeals has overturned Arizona’s requirement that people show proof of citizenship to register to vote. The split decision by a three-judge panel determined that the requirement to show proof of citizenship — passed by voters in 2004 — is not consistent with the National Voter Registration Act.
  • Arizona Gov. Jan Brewer slams 'foreign interference' in immigration lawsuit

    10/06/2010 7:28:01 PM PDT · by goldendays · 35 replies
    politico.com ^ | 10/06/2010 | SCOTT WONG |
    Jan Brewer is asking a federal court to disallow foreign governments from joining the federal lawsuit. | AP Photo Close By SCOTT WONG | 10/6/10 9:57 AM EDT Updated: 10/6/10 7:21 PM EDT In a new twist in the fight over Arizona’s immigration law, Republican Gov. Jan Brewer on Tuesday asked a federal court to disallow foreign governments from joining the U.S. Department of Justice lawsuit to overturn the law. The move comes in response to a 9th Circuit Court of Appeals ruling issued Monday, allowing nearly a dozen Latin American countries — Mexico, Argentina, Bolivia, Brazil, Costa Rica, Ecuador,...
  • Mexican Girl Living In Surf City Allowed To Stay

    03/21/2009 10:15:28 PM PDT · by Steelfish · 6 replies · 516+ views
    OCRegister ^ | March 21, 2009
    Mexican girl living in Surf City allowed to stay Appeals panel ruled that a custody battle over an 11-year-old Mexican national will take place in the United States. BY CINDY CARCAMO THE ORANGE COUNTY REGISTER HUNTINGTON BEACH A custody battle over an 11-year-old Mexican girl who lives in Surf City should take place on U.S. soil even though she, her mother and father are in the country illegally, a federal appeals court has ruled. A panel of judges at the U.S. 9th Circuit Court of Appeals ruled Wednesday that the girl should be allowed to stay in the U.S. during...
  • Heckler’s veto: Circuit court rules in favor of displaying abortion photos

    07/21/2008 5:16:47 AM PDT · by rhema · 30 replies · 106+ views
    WORLD ^ | July 26, 2008 | Lynn Vincent
    In a ruling that surprised some observers, a three-judge panel of the 9th U.S. Circuit Court of Appeals upheld the right of a pro-life group to display photos showing the bodies of babies dismembered during abortions. The conservative Thomas More Law Center in Ann Arbor, Mich., had brought suit on behalf of the Center for Bioethical Reform (CBR), a California pro-life group. The case involved police detention for 75 minutes of two CBR pro-life activists who in March circled Rancho Palos Verdes Middle School in Los Angeles, driving a large truck displaying on three sides photos of aborted babies. School...
  • California Court Rules Homeschooling Illegal

    03/05/2008 4:16:01 PM PST · by wagglebee · 175 replies · 1,510+ views
    LifeSiteNews ^ | 3/5/08 | Hilary White
    LOS ANGELES, March 5, 2008 (LifeSiteNews.com) - Thousands of homeschoolers in California are left in legal limbo by an appeals court ruling that homeschooling is not a legal option in the state and that a family who has homeschooled all their children for years must enrol their two youngest in state or private schools. Justice H. Walter Croskey in a written opinion said, "California courts have held that under provisions in the Education Code, parents do not have a constitutional right to homeschool their children."The sweeping February 29th ruling says that California law requires "persons between the ages of...
  • Home schooling unlawful, says California court

    03/06/2008 1:31:14 PM PST · by fweingart · 313 replies · 1,963+ views
    OneNewsNow ^ | 3/6/2008 | Allie Martin and Jody Brown
    A three-judge panel of the California Court of Appeal has determined parents in that state have no legal right to home school. A Christian attorney in Sacramento says unless the ruling is reversed, literally thousands of students in the Golden State will be subject to criminal sanctions. (click here for special webcast starting at 2 p.m. CST) California Justice H. Walter Croskey has stated in an opinion that "parents who fail to [comply with school enrollment laws] may be subject to a criminal complaint against them, found guilty of an infraction, and subject to imposition of fines or an order...
  • Anti-military activists have too much say at schools (Corvallis, Oregon)

    02/22/2008 1:42:28 AM PST · by 2ndDivisionVet · 20 replies · 537+ views
    Corvallis Gazette-Times ^ | February 21, 2008 | Pat Wray
    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...
  • US rules vote swapping legal

    08/07/2007 11:45:47 AM PDT · by Little Pig · 29 replies · 1,427+ views
    The Register ^ | 8/7/07 | John Oates
    US court has ruled that websites set up to allow people to swop their votes are legal and protected by the Constitution. Back in the heady days of 2000, prior to the election of George W Bush, a couple of websites were set up to allow supporters of independent candidate Ralph Nader and of Democrat candidate Al Gore to trade their votes in order to maximise the anti-Republican vote. The websites were quickly closed before the election on grounds that they were trading, or buying, votes. But the 9th US Court of Appeals said the decision to shut the sites,...
  • Court: Web site liable for postings

    05/17/2007 9:03:16 AM PDT · by Tolerance Sucks Rocks · 53 replies · 1,555+ views
    GOPUSA ^ | May 17, 2007 | UPI Staff (United Press International)
    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...
  • Child porn e-mails ruled sufficient grounds for search

    03/02/2007 8:21:43 AM PST · by jiggyboy · 260 replies · 3,360+ views
    San Francisco Chronicle ^ | March 2, 2007 | Bob Egelko
    Federal agents were entitled to search a San Francisco man's home computer after learning that he had been sent e-mails by a child pornography trafficker, without needing evidence that he had solicited or read the messages, a federal appeals court ruled Thursday
  • TEACHING JOHNNY ABOUT ISLAM?

    05/27/2006 5:24:22 PM PDT · by Y2Krap · 52 replies · 994+ views
    Investors Business Daily ^ | 5/19 | Investors Business Daily
    Issues & Insights TEACHING JOHNNY ABOUT ISLAM Investors Business Daily Posted 5/19/2006 Education: In our brave new schools, Johnny can't say the pledge, but he can recite the Quran. Yup, the same court that found the phrase "under God" unconstitutional now endorses Islamic catechism in public school. In a recent federal decision that got surprisingly little press, even from conservative talk radio, California's 9th U.S. Circuit Court of Appeals ruled it's OK to put public-school kids through Muslim role-playing exercises, including: Reciting aloud Muslim prayers that begin with "In the name of Allah, Most Gracious, Most Merciful . . ....
  • Court backs police in porn sting

    03/22/2006 11:12:34 AM PST · by JZelle · 44 replies · 849+ views
    The Washington Times ^ | 3-22-06 | Guy Taylor
    The Supreme Court yesterday ruled in favor of police who obtained a search warrant for a man's home in anticipation that he would accept mail delivery of child pornography he ordered as part of a sting operation. The unanimous ruling in the case United States v. Grubbs, said such "anticipatory" warrants obtained by police do not violate the Fourth Amendment rights protecting individuals from unlawful searches and seizures. Writing for the court, Justice Antonin Scalia said police can obtain such a warrant prior to the actual commission of a crime as long as they have probable cause to believe an...
  • EDITORIAL: Don't split the Ninth Circuit

    11/20/2005 7:49:10 AM PST · by SmithL · 59 replies · 1,421+ views
    REPUBLICAN forces are devising a peculiar legal exile for California: The GOP wants to take a Western-states federal appellate court, whose decisions infuriate conservatives, and chop it down by yanking California out of the grouping. The change is masked as legal efficiency for the country's largest appeals circuit, but it is purely political meddling in court affairs. The plan to split the Ninth U.S. Circuit Court of Appeals was rushed through the GOP-controlled House. It's headed to the Senate, where foes are mobilizing. The break-up plan, which has failed in Congress before, should be discarded once and for all. Busting...
  • Court clears school of pushing religion with lesson on Islam

    11/19/2005 8:57:21 PM PST · by freespirited · 32 replies · 814+ views
    San Francisco Chroncile ^ | 11/18/05 | Bob Egelko
    A Contra Costa County school was educating seventh-graders about Islam, not indoctrinating them, in role-playing sessions in which students used Muslim names and recited language from prayers, a federal appeals court ruled Thursday. The Ninth U.S. Circuit Court of Appeals rejected a lawsuit by two Christian students and their parents, who accused the Byron Union School District of unconstitutionally endorsing a religious practice. "The Islam program activities were not overt religious exercises that raise Establishment Clause concerns,'' the three-judge panel said, referring to the First Amendment ban on government sanctioning a religion. During the history course at Excelsior School in...
  • It’s Okay to Tell Lies About Cops

    11/07/2005 11:49:31 AM PST · by radar101 · 62 replies · 2,098+ views
    Officer.com ^ | November 4th, 2005 | Tim Dees
    Last Thursday, that wacky band of judicial jokesters known as the United States Court of Appeals for the 9th Circuit issued a decision that apparently makes it okay to lie in an official report concerning the alleged misconduct of a police officer.The decision invalidated a California statute passed after the Rodney King incident in 1991. The California law made it a criminal offense to give a false statement when making a report of the misconduct of a police officer. A Beverly Hills man, Darren Chaker, had complained that a police officer from El Cajon had used unnecessary force while arresting...
  • CA: Sex questions found not to violate parents' rights

    11/06/2005 10:05:45 PM PST · by lainie · 29 replies · 515+ views
    SFGate ^ | 11/3/2005 | Bob Egelko
    Parents' rights were not violated when a Southern California elementary school conducted a psychological survey of their children and asked them about sexual feelings and masturbation, a federal appeals court ruled Wednesday. The Ninth U.S. Circuit Court of Appeals in SF pointedly refrained from commenting on what the judges termed "the wisdom of ... some of the particular questions" that were asked of children in grades one, three and five in the Palmdale School District in Los Angeles County. But the court said parents, while entitled to make basic decisions about a child's upbringing, have no constitutional right to control...
  • 9th Circuit: Parents Have No 'Fundamental Rights' in Their Children's Sex Ed

    11/04/2005 7:37:40 AM PST · by murphE · 30 replies · 481+ views
    AgapePress ^ | 11/03/05 | Allie Martin and Jody Brown
    9th Circuit: Parents Have No 'Fundamental Rights' in Their Children's Sex Ed"We ... hold that there is no fundamental right of parents to be the exclusive provider of information regarding sexual matters to their children ...."Judge Stephen Reinhardt, Ninth U.S. Circuit Court of AppealsBy Allie Martin and Jody BrownNovember 3, 2005(AgapePress) - A Christian constitutional attorney says Wednesday's ruling in a case dealing with a survey administered to elementary-age children essentially undermines parental rights in determining when, where, and how children are exposed to sexual topics in public schools. The case involves the Palmdale School District in California, which notified...
  • Spanish court upholds warrants for US soldiers

    10/28/2005 2:47:00 PM PDT · by atomic conspiracy · 29 replies · 761+ views
    Expatica ^ | 10-28-05 | staff
    28 October 2005 MADRID — Spain's National Court upheld warrants for the arrest on murder charges of two US Army officers and a sergeant in the killing of a Spanish journalist in Baghdad in 2003. A state attorney had challenged the warrants, saying the Spanish tribunal did not have jurisidiction in the matter of the killing television cameraman Jose Couso in April 2003. He also cited what he said were procedural flaws in the issue of the warrants. Couso, who worked for Spain's Telecinco network, was killed while filming from a balcony of the Palestine Hotel in the Iraqi capital....
  • Men's Temper Tantrums That Bother Women May Be Sex Discrimination (9th Circuit Strikes Again)

    09/23/2005 12:38:17 PM PDT · by Help! · 260 replies · 4,808+ views
    ASAP Newsletter ^ | September 2005 | Margaret Hart Edwards
    Screaming and yelling by men at work may now be sex-based discrimination if women at work find the behavior more intimidating than men do. On September 2, 2005, in E.E.O.C. v. National Education Association, (No. 04-35029), the Ninth Circuit Court of Appeals ruled that the “reasonable woman” standard applies to workplace abusive conduct, even if there is no sexual content to the behavior. This decision significantly expands the types of behaviors that may furnish a basis for a claim of discrimination. Three women working for a labor union, the National Education Association, sued for gender discrimination claiming that the NEA...
  • Future of 9th Circuit Under Review

    11/24/2004 12:06:02 AM PST · by WestVirginiaRebel · 24 replies · 605+ views
    Fox News ^ | 11-24-04 | WestVirginiaRebel
    WASHINGTON-For many conservatives, the words "(th Circuit" mean more than just a federal appeals court in California. The words emody everything they think is wrong with liberal activisim, West Coast politics and the judges who tried to take God out of the Pledge of Allegiance.Those same conservatives think their new clout following President Bush's re-election may help put some weight behind a movement to split up the (th Circuit Court of Appeals, leaving the 9th in California, creating a new 12th Circuit for neighboring Idaho, Arizona, Montana, and Nevada, and a new 13th Circuit for Washington, Alaska, and Oregon.
  • Freep a poll

    09/18/2003 6:52:04 AM PDT · by 2timothy3.16 · 3 replies · 161+ views
    ACP ^ | 9-18-2003
    Hey, the poll on World NEt Daily to liberal for you? Well, check out how it should have been done, click and vote . Make sure you read all the questions, esspecially the misspelled last one.
  • Ninth Circuit denies appeal in Silveira (But 4 judges write impressive dissents!)

    05/06/2003 1:12:16 PM PDT · by Redcloak · 71 replies · 750+ views
    The Ninth Circuit has issued an en banc denial for a rehearing in Silveira v. Lockyer. This was a challenge to the CA Assault Weapons ban. That the most liberal circuit court in the land would deny a hearing is no surprise. What is surprising is that 4 of the court's judges, including Judge Pregerson, whom Eugene Volokh calls "one of the most liberal judges on the Ninth Circuit -- and perhaps in the whole country", would issue such stinging dissents. The most thorough of the dissents is by Judge Kleinfeld. Kleinfeld writes... About twenty percent of the American population,...
  • Vote Swap Site Gets Court O.K

    02/08/2003 3:30:07 PM PST · by Dog Gone · 8 replies · 163+ views
    Silicon Valley Internet.com ^ | February 8, 2003 | Michael Singer
    A controversial Web site that allowed people to switch their votes in the 2000 presidential election was completely legal, according to a U.S. appeals court ruling Thursday. The 9th Circuit Court of Appeals in San Francisco overruled a lower court's decision that banned Web site www.votexchange2000.com from letting voters exchange votes between Vice President Al Gore and third-party candidate Ralph Nader in an attempt to defeat then Texas governor George W. Bush. Another lower court will now reconsider the case. In the weeks preceding the closely contested presidential elections of 2000, a number of Internet Web sites were created that...
  • No charges for judge who cut trees (9th circus)

    01/07/2003 10:32:15 AM PST · by TheErnFormerlyKnownAsBig · 42 replies · 286+ views
    SEATTLE POST-INTELLIGENCER REPORTER ^ | anuary 7, 2003 | SAM SKOLNIK
    No charges for judge who cut trees Prosecutor's decision angers park authorities By SAM SKOLNIK SEATTLE POST-INTELLIGENCER REPORTER It was wrong for a federal judge who wanted a better view of Lake Washington to allow his gardener to cut down 120 trees in a public park. But the judge committed an error, not a felony, King County prosecutors decided yesterday. Jerome Farris, a senior judge with the 9th U.S. Circuit Court of Appeals, mistakenly believed he had permission from the city to cut down the trees in Colman Park next to his gated home, King County Prosecutor Norm Maleng said...