Keyword: 9thcircus
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In these cases, the Ninth Circuit had held that a provision requiring the mandatory detention of non-citizens who have committed certain dangerous crimes applies only if a non-citizen is arrested by immigration officials as soon as he is released from jail. The Supreme Court rejects this interpretation. The Ninth Circuit is reversed and the case is remanded. https://www.supremecourt.gov/opinions/18pdf/16-1363_a86c.pdf
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The Supreme Court on Tuesday backed the Trump administration’s ability to detain immigrants with criminal records at any time and hold them indefinitely while they await deportation, even if they served time for their offense years ago. In a 5-4 decision, the Supreme Court reversed the 9th Circuit’s finding that the mandatory detention requirement for certain immigrants with criminal records applies only if an immigrant is detained by officials as soon as he or she is released from jail. In delivering the decision, which split the justices along their ideological lines, Justice Samuel Alito said the 9th Circuit’s interpretation conflicts...
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... The case stems from a lawsuit brought by Vijayakumar Thuraissigiam, who was detained near the San Ysidro port of entry in California in 2017. U.S. asylum agents found he did not have a credible fear of being returned to his native Sri Lanka, where he is a member of the Tamil ethnic minority, according to the opinion. He said that in 2104 Sri Lankan government intelligence officers kidnapped him, beat him and threatened to kill him for his political activities. An immigration judge upheld the credible fear finding, and in 2018, Thuraissigiam sued in federal court, alleging the process...
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The Trump administration lost another “sanctuary city” funding case following a ruling by another Obama-appointed liberal activist federal judge in the 9th Circuit on Wednesday, bringing the total number of cases lost to 10. But before the Left celebrates, they should take stock of the conservative monster they’re creating. As The Daily Caller reports, the case involved a lawsuit filed against the administration by — who else? — California, which claimed that the State Department did not have the authority to cut off funds to self-proclaimed sanctuary jurisdictions because Congress never gave the agency that kind of broad discretionary authority:...
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These new and soon-to-be judges will have a significant impact on the median political alignment of the 9th Circuit’s judicial compliment, and will likely make a difference in at least three ways: First, because the 9th Circuit decides many appeals in three-judge panels comprised of both active judges and older, often part-time judges — a group of 18 “senior” judges split 9-9 between Republican and Democratic appointees — these numbers mean any given panel will have a nearly even chance to draw a majority of Republican-appointed judges as Democrat-appointed ones. That means the 9th Circuit will boast a political balance...
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The Senate on Tuesday confirmed President Trump's nominee to be a judge on the liberal 9th Circuit Court of Appeals in a party-line vote -- and, in a historic snub, the White House ignored the input of the judge's two Democratic home-state senators in the process. The aggressive and unprecedented move to bypass the traditional "blue slip" consultation process and plow ahead with the confirmation comes as the Trump administration seeks to systematically erode left-wing dominance on the key appellate court, which Trump has called "disgraceful" and politically biased. With a sprawling purview representing nine Western states, the appellate court...
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The Senate is set to escalate a long simmering fight over President Trump's judicial nominees. Republicans are poised to confirm a pick for the influential circuit courts next week without the support of either of the nominee's home-state senators—a first for the Trump era. Eric Miller is the first appeals judge to get a vote on the Senate floor this year, and the 31st of Trump’s presidency. Majority Leader Mitch McConnell (R-Ky.) set up an initial vote on his Ninth Circuit nomination for Monday evening. “The judicial train is running in the committee and it will soon hit the floor,”...
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A California-based federal appeals court on Monday sided with the Trump administration in lawsuits brought by state and environmental groups brought challenging the U.S. government’s authority to expedite construction of barriers along the border with Mexico. The 9th Circuit Court of Appeals in a 2-1 ruling said the Immigration Reform and Immigrant Responsibility Act of 1996 gives the Department of Homeland Security broad authority to construct the border barriers and waive environmental laws in the process. The ruling affirms a district court's decision that allowed the federal government to construct wall "prototypes” in San Diego and replace primary fencing near...
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Over the past year, the federal government’s lead Supreme Court litigator has repeatedly attempted to expedite Trump administration cases by using an unorthodox maneuver, one that legal experts say is rarely successful. Solicitor General Noel Francisco has requested on eight separate occasions, twice in the same case, that justices bypass the regional federal appeals court and instead review the ruling by a lower district court. Those requests, known as petitions for a writ of certiorari before judgment, stemmed from challenges to President Trump’s restrictions on transgender people serving in the military, its decision to wind down the Deferred Action for...
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I apologize to President Trump for starting to think he was going soft.
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Conservatives warned the White House on Wednesday against striking a deal with California’s two Democratic senators to water down President Trump’s judicial picks for the West Coast’s federal appeals court. Sen. David Perdue, a Georgia Republican close to Mr. Trump, said he will call and try to scuttle the negotiations, reported by The Wall Street Journal, that would have the White House pick one conservative, one consensus nominee and one liberal nominee for three openings on the already liberal U.S. 9th Circuit Court of Appeals. “Why do we need to do a deal? This is totally within our purview. We...
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The Trump administration began implementing a new hard-line immigration policy by sending a single asylum-seeker from Central America back to Tijuana, Mexico, to await his assigned court date later this year in San Diego. The first asylum-seeker to be returned to Mexico was a Honduran man identified as Carlos Catarlo Gomez. He appeared confused and scared by the throng of reporters waiting for him Tuesday on the Mexican side of the San Ysidro border crossing, according to the San Diego Union-Tribune. He was whisked away by Mexican authorities. Officially dubbed "Migrant Protection Protocols," the policy was announced by Homeland Security...
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The White House on Tuesday announced the re-nomination of 51 federal judicial nominees left over from the previous Congress, kickstarting the administration's effort to install more conservative judges after GOP activists worried that such appointments had stalled. Nine of the 51 appointments are for spots on prestigious and influential federal appellate benches, including two on the mostly liberal San Francisco-based Ninth Circuit Court of Appeals, which President Trump has often derided as politically biased. (Please see full story at the link)
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SAN FRANCISCO, CA—Amid heated debate in Washington over President Trump's border wall, the Ninth Circuit Court of Appeals has weighed in, ruling that construction on the U.S.-Mexico border wall can proceed, so long as it is "short enough that a pregnant woman carrying a child in each arm could be expected to scale it without difficulty." While that definition may seem vague to some, the Ninth Circuit's judges further clarified in their decision that "two or three feet high ought to suffice." Contractors working on the wall have been ordered to have a pregnant woman and several children on hand....
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A U.S. appeals court Thursday blocked rules by the Trump administration allowing more employers to opt out of providing women with no-cost birth control. States were likely to succeed on their claim that the changes to President Barack Obama’s health care law were made without required notice and public comment, a divided, three-judge panel of the 9th U.S. Circuit Court of Appeals said. The panel upheld a preliminary injunction against the rules issued by a lower court judge last year. An email to the Justice Department seeking comment was not immediately returned. Obama’s health care law required most companies to...
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The 9th U.S. Circuit Court of Appeals upheld a temporary restraining order against a Trump administration policy that denies asylum to illegal aliens. The 2-1 decision is the latest setback the 9th Circuit has rendered to President Donald Trump’s immigration agenda. “Just as we may not, as we are often reminded, ‘legislate from the bench,’ neither may the executive legislate from the oval office,” Judge Jay Bybee wrote for the majority. Former President George W. Bush appointed Bybee to the bench, and the judge has a conservative reputation.
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SAN FRANCISCO — A divided U.S. appeals court late Friday refused to immediately allow the Trump administration to enforce a ban on asylum for any immigrants who illegally cross the U.S.-Mexico border. The ban is inconsistent with an existing U.S. law and an attempted end-run around Congress, a panel of the 9th U.S. Circuit Court of Appeals said in a 2-1 decision. "Just as we may not, as we are often reminded, 'legislate from the bench,' neither may the Executive legislate from the Oval Office," 9th Circuit Judge Jay Bybee, a nominee of Republican President George W. Bush, wrote for...
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The Department of Justice (DOJ) on Friday asked the Supreme Court to bypass the Ninth Circuit Court of Appeals' and decide on whether or not the Trump administration's ban on transgenders in the military is constitutional, NPR reported.From the court petition: In 2018, Secretary of Defense James Mattis announced a new policy concerning military service by transgender individuals. Under the Mattis policy, transgender individuals with a history of a medical condition called gender dysphoria would be disqualified from military service unless they meet certain conditions. The question presented is: Whether the district court erred in preliminary enjoining the military...
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"Today we thank God for the blessings of having you people be our heroes, and you really are our heroes," Trump told members of all five military branches on a teleconference call placed from his Mar-a-Lago resort in Palm Beach, Fla. "And your families are back here, and they love you, and they respect you, and they look forward to seeing you because you are the ones who keep America safe, and strong, and free." "You are very much appreciated like you wouldn't believe by the American public, by the citizens of our country," the president added. also hinting at...
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Bill Bennett appeared on "Fox & Friends" Friday to weigh in on President Trump's war of words with Supreme Court Chief Justice John Roberts, saying this is a fight Roberts should not have picked.
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