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Keyword: 9thcircuit

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  • Ninth Circuit District Judge Delivers Another Superbly Written Court Order

    10/26/2020 5:29:34 AM PDT · by marktwain · 17 replies
    AmmoLand ^ | 23 October, 2020 | Dean Weingarten
    Ninth Circuit District Judge Delivers Another Superbly Written Court Order, iStock-1055138108 On 23 September 2020, Judge Roger T. Benitez issued another impressive order in a case involving the Second Amendment. A number of California residents, firearm businesses, special interest groups, foundations, and a political action committee have organized to sue California AG Xavier Becerra et al, to challenge the constitutionality of California's complex net of regulations for the ownership and use of various firearms the state deems to be “assault weapons”. The lawsuit has been winding its way through the federal legal system in the Ninth Circuit. In Miller v....
  • Ban of Blackjacks, Billy Clubs, and Batons to go before Ninth Circuit

    10/25/2020 4:41:58 AM PDT · by marktwain · 15 replies
    AmmoLand ^ | 22 October, 2020 | Dean Weingarten
    Early 20th Century police batons in Edingburg Police Centre Museum by Kim Traynor, CC BY-SA 3.0, via Wikimedia Commons One of the very few Second Amendment cases heard by the Supreme Court in the last decade was Caetano v. Massachusettes, decided March 21, 2016. The Court has held that “the Second Amendment ex-tends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding,” District of Columbia v. Heller, 554 U. S. 570, 582 (2008), and that this “Second Amendment right is fully applicable to the States,” McDonald v....
  • Justice Kagan blocks effort to stop Montana from mailing ballots to all voters

    10/10/2020 4:54:27 PM PDT · by aspasia · 53 replies
    FOXNEWS ^ | 10/10/2020 | Morgan Phillips
    Supreme Court Justice Elena Kagan denied a request from Republicans to stop Montana Gov. Steve Bullock’s (D) plan to mail ballots to all registered voters. Kagan, who has jurisdiction over the case based on geography, denied the request without referring the case to the full court. The suit was brought by Joe Lamm of the Ravali County Republican Central Committee and other voters. The GOP-dominated Legislature banned mail-in ballots for general elections, instead allowing only by-request, no-excuse-required “absentee ballots” and in-person voting compatible with Phase 2 safety restrictions in the governor’s COVID-19 reopening plan. But Bullock argued an emergency declaration...
  • Appeals court blocks further construction on Trump border wall

    10/10/2020 10:44:39 AM PDT · by BeauBo · 51 replies
    The Hill ^ | 10/10/20 | CELINE CASTRONUOVO
    The 9th Circuit Court of Appeals on Friday ruled that President Trump’s use of emergency powers to allocate millions of dollars in funding for the construction of a southern border wall was illegal, the latest blow to the Trump administration’s effort to limit immigration. In the 2-1 decision, the court upheld a December 2019 district court summary judgment in favor of a request from the advocacy groups the Sierra Club and the Southern Border Communities Coalition against Defense Secretary Mark Esper, acting Homeland Security Secretary Chad Wolf and “all persons acting under their direction ... from using military construction funds...
  • Court blocks move to give voters time to fix early ballots

    10/06/2020 11:58:31 AM PDT · by BlackFemaleArmyColonel · 6 replies
    Newsbreak ^ | 6 October 2020 | The Associated Press
    <p>PHOENIX (AP) — A federal appeals court on Tuesday blocked a move that would have given Arizona voters who forget to sign their early ballot affidavits up to five days after the election to fix the problem.</p> <p>The 9th U.S. Circuit Court of Appeals put a lower court ruling on hold as it considers an appeal from Republican Arizona Attorney General Mark Brnovich.</p>
  • AMA Joins Planned Parenthood to Ask Supreme Court to Block Trump Rule Keeping Abortion Separate from Family Planning

    10/04/2020 7:32:32 PM PDT · by E. Pluribus Unum · 35 replies
    Breitbart ^ | 4 Oct 2020 | Dr. Susan Berry
    The American Medical Association (AMA) has joined with Planned Parenthood and the American Civil Liberties Union (ACLU) to ask the U.S. Supreme Court to block a Trump administration rule that marks a clear boundary between abortion and family planning. The groups filed the petition Thursday following the death of Justice Ruth Bader Ginsburg and before Senate confirmation hearings begin for President Donald Trump’s nominee, Amy Coney Barrett, to fill the vacancy. The abortion rights groups are asking the Supreme Court to “correct” the U.S. Court of Appeals for the Ninth Circuit’s decision to uphold the Trump administration rule. According to...
  • Incredible: USA Today fact checks The Babylon Bee's "claim" that Ruth Bader Ginsburg's death was overturned by 9th circuit court

    09/28/2020 3:02:28 PM PDT · by Gamecock · 50 replies
    Not The Bee ^ | 9/28/2020 | Seth Dillon
    USA Today embarrassed themselves earlier when they fact-checked a ridiculous, over-the-top Babylon Bee story that nobody—not a single person—believed to be true. Here is the satirical story from The Bee that so-called journalists at a real news outlet somehow felt the need to debunk: The first paragraph reads: In a landmark ruling, the Ninth Circuit Court of Appeals has overturned the death of Supreme Court Justice Ruth Bader Ginsburg. In a close decision, the judges on the court have ruled RBG's death unconstitutional and will block Trump from nominating a replacement. Instead of cracking a smile at an obvious joke...
  • The Ninth Circuit Acts Responsibly – for a Change – in Ending Temporary Protected Status For Illegals

    09/26/2020 8:16:21 AM PDT · by SeekAndFind · 7 replies
    PJ Media ^ | 09/26/2020 | BY HANS VON SPAKOVSKY AND COURTNEY BAER
    “Nothing lasts longer than a temporary government program,” President Reagan once said. That adage certainly applies to the Temporary Protected Status program. TPS was intended to give only short-term permission for aliens to be in the U.S., but that permission has often gone on seemingly without end. Fortunately, a three-judge panel of the 9th Circuit Court of Appeals, in a 2-to-1 decision, has just dissolved an injunction that prevented the Department of Homeland Security (DHS) from ending TPS for illegal aliens from Sudan, Nicaragua, El Salvador, and Haiti who have been in the U.S. for decades. As Judge Consuelo Callahan...
  • Ninth Circuit Court Overturns Death Of Ruth Bader Ginsburg

    09/21/2020 8:10:35 PM PDT · by Trump20162020 · 28 replies
    The Babylon Bee ^ | 09/21/2020 | Staff
    SAN FRANCISCO, CA—In a landmark ruling, the Ninth Circuit Court of Appeals has overturned the death of Supreme Court Justice Ruth Bader Ginsburg. In a close decision, the judges on the court have ruled RBG's death unconstitutional and will block Trump from nominating a replacement.
  • Dissent Excoriates Ninth Circuit Refusal of en banc Rehearing of Second Amendment

    09/19/2020 9:05:39 AM PDT · by marktwain · 22 replies
    AmmoLand ^ | 17 September, 2020 | Dean Weingarten
    The recent Ninth Circuit Second Amendment case, Mai v. United States,  shows the powerful influence President Trump has had on the largest Circuit Court in the United States. The case started in Washington State. The plaintiff, Duy T. Mai, was involuntarily committed to a mental institution for depression and suicidal impulses when he was 17 years old. A few months later, he was released and went on to become a well adjusted, productive member of society. At age 37, he wished to exercise his Second Amendment right to purchase a firearm. He was unable to do so because of the...
  • Statement from the Press Secretary

    09/12/2020 1:59:57 PM PDT · by ransomnote · 5 replies
    whitehouse.gov ^ | September 11, 2020 | White House Press Secretary Kayleigh McEnany
    Today, the Ninth Circuit ruled in favor of safe communities and vacated two overbroad injunctions that had permitted the release of criminal aliens into American communities. This decision will allow for better communication between the Federal Government and local jurisdictions and prevent criminal aliens from being released onto the streets where they pose a threat to law-abiding Americans.
  • U.S. court: Mass surveillance program exposed by Snowden was illegal

    09/04/2020 9:15:36 PM PDT · by RandFan · 22 replies
    Reuters ^ | Sep 4 | Raphael Satter
    (Reuters) - Seven years after former National Security Agency contractor Edward Snowden blew the whistle on the mass surveillance of Americans’ telephone records, an appeals court has found the program was unlawful - and that the U.S. intelligence leaders who publicly defended it were not telling the truth. In a ruling handed down on Wednesday, the U.S. Court of Appeals for the Ninth Circuit said the warrantless telephone dragnet that secretly collected millions of Americans’ telephone records violated the Foreign Intelligence Surveillance Act and may well have been unconstitutional. Snowden, who fled to Russia in the aftermath of the 2013...
  • Federal judge upholds California ban on carrying guns in public

    09/02/2020 8:13:29 AM PDT · by PROCON · 30 replies
    AP ^ | Sept. 1, 2020 | AP
    SACRAMENTO — A U.S. judge on Monday upheld California’s near-total ban on carrying guns in public even as protests in other states have seen counter-demonstrators armed with weapons. U.S. District Judge Kimberly Mueller denied a review of a 2017 federal appeals court decision that upheld the law, which bans carrying concealed weapons in most urban areas and permits open-carry of weapons only if someone believes that a person is in immediate danger and law enforcement has failed to respond, the San Francisco Chronicle reported.
  • California AG Asks Ninth Circuit for En Banc Review of Magazine Decision

    09/02/2020 5:20:45 AM PDT · by marktwain · 15 replies
    AmmoLand ^ | 31 August, 2020 | Dean Weingarten
    On 28 August 2020, Attorney General Becerra of California petitioned the Ninth Circuit to review the case of Duncan v. Becerra. The review would be of the three-judge panel which held the California ban on magazines that hold over 10 rounds of ammunition to be unconstitutional. From the Petition for En Banc: 1 INTRODUCTION AND RULE 35 STATEMENTCalifornia respectfully petitions for rehearing en banc of the panel’s decision, which invalidates a state law restricting large-capacity magazines that can hold more than 10 rounds of ammunition (LCMs). California voters adopted the current LCM law in response to a spate of mass...
  • Ninth Circuit, 3 Judge Panel: Magazines Protected by Second Amendment

    08/22/2020 8:46:38 AM PDT · by marktwain · 17 replies
    AmmoLand ^ | 19 August, 2020 | Dean Weingarten
    On 4 April, 2019, the Honorable Roger T. Benitez issued a stay on his finding the ban on magazines over 10 rounds was unconstitutional under the Second Amendment. The stay was issued pending an appeal to the Ninth Circuit. On 14 August, 2020, the three-judge panel issued their opinion. The three-judge panel of the Ninth Circuit upheld Judge Benitez confirming the magazine ban as unconstitutional. It was a split decision, with Judge Lee, appointed by President Trump, and Judge Callahan, appointed by President Bush, agreeing the ban on magazines is unconstitutional; and Judge Lynn, appointed by President Clinton, dissenting. Here...
  • How Google and Big Tech Killed the U.S. Patent System

    08/19/2020 3:27:20 PM PDT · by Pelham · 22 replies
    IPWatchdog ^ | March 21, 2018 | Michael Shore
    "Google was one of the three largest bundlers of contributions to President Obama. The year after the America Invents Act was passed, Google contributions were almost $1 million. Google spent $18 million on lobbyists. What did Google get for its money? A new, weaker patent system that allows challenges to patents outside of court, without a jury, without presumption of validity, using a low standard of proof. Google and friends killed the presumption that makes patents valuable. The expectations of patent owners that their rights would be enforceable against infringers.... "As the U.S. weakens its patent system, other countries are...
  • 9th Circuit Ruling On Second Amendment May Force John Roberts’ Hand; Hampers Biden-Harris

    08/15/2020 9:53:45 AM PDT · by Drew68 · 37 replies
    Red State ^ | 08/14/2020 | Bonchie
    A major decision was released today by the 9th Circuit Court of Appeals regarding the Second Amendment. If you weren’t aware, many states limit magazine capacity, with the most common stipulation being nothing over ten rounds. This has been a roundabout way to try to enforce some level of “gun control” in places like California. It’s also an incredibly arbitrary measure. What makes it constitutional to ban eleven rounds but not nine? Now we have an answer in the form of it being ruled not constitutional at all. This ruling has a much wider possible impact than just on magazines....
  • 9th Circuit ends California ban on high-capacity magazines

    08/14/2020 12:34:26 PM PDT · by cba123 · 58 replies
    AP News ^ | 16 minutes ago | By DON THOMPSON
    SACRAMENTO, Calif. (AP) — A three-judge panel of the 9th U.S. Circuit Court of Appeals on Friday threw out California’s ban on high-capacity ammunition magazines, saying the law violates the U.S. Constitution’s protection of the right to bear firearms. “Even well-intentioned laws must pass constitutional muster,” appellate Judge Kenneth Lee wrote for the panel’s majority. California’s ban on magazines holding more than 10 bullets “strikes at the core of the Second Amendment — the right to armed self-defense.” He noted that California passed the law “in the wake of heart-wrenching and highly publicized mass shootings,” but said that isn’t enough...
  • BREAKING: 9th Circuit Panel Strikes Down California ‘High Capacity’ Magazine Ban

    08/14/2020 9:49:25 AM PDT · by Trump20162020 · 124 replies
    The Truth About Guns ^ | August 14, 2020 | Dan Zimmerman
    A three-judge panel of the Ninth Circuit Court of Appeals has just ruled for the plaintiffs in Duncan v. Becerra, striking down the state’s “large capacity” magazine ban. As the opinion notes: The Ninth Circuit employs a two-prong inquiry to determine whether firearm regulations violate the Second Amendment: (1) whether the law burdens conduct protected by the Second Amendment; and (2) if so, what level of scrutiny to apply to the regulation. United states v. Chovan, 735 F.3d 1127, 1136 (9th Cir. 2013) The panel held that under the first prong of the test, Cal. Penal Code § 32310 burdened...
  • Appeals court upholds dismissal of Cliven Bundy case

    08/09/2020 1:42:49 PM PDT · by Twotone · 14 replies
    Las Vegas Review-Journal ^ | August 6, 2020 | David Ferrara
    A federal appeals court on Thursday upheld a decision to throw out felony conspiracy and weapons charges against Bunkerville rancher Cliven Bundy, two of his sons and another man. Before U.S. District Judge Gloria Navarro’s January 2018 dismissal, which the government appealed, she found that the federal government improperly withheld evidence. Prosecutors had willfully withheld video surveillance, maps and FBI interview information in violation of due process required by the U.S. Constitution, the judge found. A three-judge panel of the 9th U.S. Circuit Court of Appeals agreed. “We can find no grounds for concluding that the district court abused its...