Keyword: ninthcircuit

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  • Ninth Circuit rules American Flag unsafe for school

    09/17/2014 5:16:19 PM PDT · by lowbridge · 18 replies
    caintv ^ | september 17, 2014 | michael johnson
    A heckler's veto. The Ninth Circuit has once again proved its status as the leftmost leaning court of appeals in the country with their refusal to rehear a case involving the banning of American flags in public schools. This refusal means that the ruling that a three-judge panel issued in February stands, which allowed the Morgan Hill Unified School District to ban American flags and American flag apparel because of threats of violence. Now some of you might be thinking, "That sounds reasonable. After all, we don't want to have violence in our schools!" But the issue here is that...
  • Not safe to display American flag in American high school — denial of rehearing en banc

    09/17/2014 3:21:22 PM PDT · by right-wing agnostic · 6 replies
    The Volokh Conspiracy ^ | September 17, 2014 | Eugene Volokh
    I blogged about the case in February, when the Ninth Circuit panel opinion came down; here’s an excerpt, which summarizes the issue: Today’s Dariano v. Morgan Hill Unified School Dist. (9th Cir. Feb. 27, 2014) upholds a California high school’s decision to forbid students from wearing American flag T-shirts on Cinco de Mayo. (See here and here for more on this case.) The court points out that the rights of students in public high schools are limited — under the Supreme Court’s decision in Tinker v. Des Moines Indep. Comm. School Dist. (1969), student speech could be restricted if “school...
  • SAF, CGF Score Ninth Circuit Victory in Richards Carry Case

    03/05/2014 6:01:13 PM PST · by marktwain · 16 replies
    calguns.com ^ | 5 March, 2014 | The Calguns Foundation
    BELLEVUE, WA, and ROSEVILLE, CA – The Second Amendment Foundation and The Calguns Foundation earned a significant victory today when the Ninth Circuit Court of Appeals reversed and remanded the case of Richards v. Prieto, challenging the handgun carry license issuing policy of Yolo County, California, Sheriff Ed Prieto. “Today’s ruling reinforces the Second Amendment’s application to state and local governments, and will help clear the way for more California citizens to exercise their right to bear arms,” said SAF founder and Executive Vice President Alan M. Gottlieb. “California officials have been put on notice that they can no longer...
  • Not Safe to Display American Flag in American High School (9th Circuit)

    02/27/2014 1:19:28 PM PST · by kristinn · 27 replies
    The Volokh Conspiracy via WaPo ^ | Thursday, February 27, 2014 | Eugene Volokh
    Today’s Dariano v. Morgan Hill Unified School Dist. (9th Cir. Feb. 27, 2014) upholds a California high school’s decision to forbid students from wearing American flag T-shirts on Cinco de Mayo. (See here and here for more on this case.) The court points out that the rights of students in public high schools are limited — under the Supreme Court’s decision in Tinker v. Des Moines Indep. Comm. School Dist. (1969), student speech could be restricted if “school authorities [can reasonably] forecast substantial disruption of or material interference with school activities” stemming from the speech. And on the facts of...
  • The right to bear arms doesn’t stop at the front door

    02/22/2014 8:10:18 PM PST · by Olog-hai · 22 replies
    Fox News ^ | February 21, 2014 | Eliyahu Federman
    Last week, in a 2-1 decision, the U.S. 9th Circuit Court of Appeals overturned a restriction on carrying concealed handguns. The court held that carrying a handgun “outside the home for the lawful purpose of self-defense, though subject to traditional restrictions, constitutes ‘bear[ing] Arms’ within the meaning of the Second Amendment.” The question of whether the Second Amendment right to bear arms extends to the public is contentious. The 7th Circuit agrees with the 9th Circuit that carrying a gun outside the home is protected by the Constitution, but other courts (the 2nd, 3rd and 4th Circuits) are unsettled on...
  • SD Sheriff Gore Announce County Will NOT Appeal Peruta Verdit

    02/21/2014 6:18:49 PM PST · by RKV · 21 replies
    San Diego County Sheriff ^ | 2/21/2014 | Sheriff Gore
    Dear Supervisors: On Thursday February 13, 2014, the Ninth Circuit Court of Appeals issued an opinion in the case of Peruta, et.al v. County of San Diego, et.al concluding that the State of California's requirement of "good cause," in cases where an applicant wants a firearm for personal protection, impermissibly infringes on the Second Amendment right to bear arms in lawful self-defense. In its opinion, the Ninth Circuit defined the issue on appeal as "whether a responsible, law-abiding citizen has a right under the Second Amendment to carry a firearm in public for self-defense." In so doing, the Ninth Circuit...
  • CA:Invisible Lawyer Gives Bad Advice(San Diego Sheriff Gore)

    02/17/2014 2:09:55 PM PST · by marktwain · 5 replies
    slowfacts.wordpress.com ^ | 15 February, 2014 | Rob Morse
    Politics comes down to people.  Some of them are real people, and some of them are invisible.  This is true even in the case of sophisticated legal appeals to the 9th district court.  Bill Gore is the Sheriff of San Diego County.  He said he wanted to issue licenses so citizens could carry a concealed weapon in public.  He really wanted to.  That is what he told me.  He said, sadly, that California law prevented him from granting those licenses.  That is what his un-named lawyer told him.  I’ve had legal experts tell me otherwise, but it is hard to...
  • Ninth Circuit strikes California’s restrictive rule against licensed carry of handguns

    02/13/2014 6:24:25 PM PST · by Beave Meister · 22 replies
    The Washington Post ^ | 2/13/2014 | David Kopel
    The Ninth Circuit’s decision in Peruta v. San Diego, released minutes ago, affirms the right of law-abiding citizens to carry handguns for lawful protection in public. California law has a process for applying for a permit to carry a handgun for protection in public, with requirements for safety training, a background check, and so on. These requirements were not challenged. The statute also requires that the applicant have “good cause,” which was interpreted by San Diego County to mean that the applicant is faced with current specific threats. (Not all California counties have this narrow interpretation.) The Ninth Circuit, in...
  • Ninth Circuit: The Second Amendment guarantees the right to carry a gun in public

    02/13/2014 2:27:31 PM PST · by 2ndDivisionVet · 108 replies
    Hot Air ^ | February 13, 2014 | Allahpundit
    Via Gabe Malor, who’s already found the tastiest chestnuts in the opinion. The novelty here isn’t the ruling itself but the court issuing it. It’s the Ninth Circuit, which has jurisdiction over the west coast and typically leans left thanks to liberal all-stars like Stephen Reinhardt. (He wasn’t part of the panel that heard this one, thankfully.) With today’s ruling, the Ninth joins the Seventh in holding that the Second Amendment, just as it says, includes a right to “bear” arms. States can regulate that right but they can’t ban it altogether. Three other federal appellate courts have ruled the...
  • Anti Christian Bigotry in California School District is Rebuked by Judge. (Catholic Caucus)

    05/10/2010 2:09:53 AM PDT · by markomalley · 3 replies · 308+ views
    Archdiocese of Washington ^ | 5/9/2010 | Msgr Charles Pope
    I have marveled over the years at the kind of fear and anger the Christian Faith generates in some sectors of our society. Even the suggestion that there might a a small nativity scene in a park, or Christmas tree near City Hall, or a display of the Ten Commandments often elicits a hew and cry and brings forth camera crews and elicits lawsuits. But the venom seems especially reserved  for symbols of the Christian faith in particular and to some extent the wider Judeo-Christian heritage. A reference from the Q’ran in school is seen by many of this same...
  • 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.
  • 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...
  • Not So Golden State Decriminalizes Euthanasia

    01/27/2013 3:13:36 PM PST · by CHRISTIAN DIARIST · 17 replies
    The Christian Diarist ^ | January 27, 2013 | JP
    Jack Koency, an 86-year-old California man, was one of nearly 1.5 million surviving World War II veterans. He was neither terminally ill, nor bedridden, nor immobile. His neighbors remember him as quiet and good natured. Koency died at the hands of Elizabeth Barrett, an acquaintance of his. She served the decorated war vet a cup of yogurt in which she ground up a lethal dose of Oxcontin with two other medications. Barrett, a social worker, pled guilty a fortnight ago to so-called “assisted suicide.” She could have received up to three years in state prison for her role in Koency’s...
  • Ninth Circuit Court Gets One Right

    01/15/2013 12:00:18 PM PST · by Kaslin · 13 replies
    Townhall.com ^ | January 15, 2013 | Robert Knight
    The Ninth Circuit U.S. Court of Appeals in San Francisco has a well-earned reputation as the hippiest, dippiest, most-reversed appellate court in these United States. It’s where the Pledge of Allegiance gets scrutinized for possible eradication, at least, the “under God” part. But every so often, the Court gets something right. On December 22, a unanimous Ninth Circuit panel reversed a federal district judge’s order to evict the Boy Scouts from their longtime camp and local headquarters in San Diego’s Balboa Park. The ruling came in a case filed by the American Civil Liberties Union (ACLU) in 2001 on...
  • 9th Circuit Court of Appeals Rules in Favor of Boy Scouts over Lesbian and Agnostic Couples

    12/28/2012 4:20:38 PM PST · by NKP_Vet · 28 replies
    http://www.thomasmore.org/ ^ | December 28, 2012 | Thomas More Law Center
    In a surprising decision last week that drew little press attention, the Ninth Circuit Court of Appeals, handed the Boy Scouts a victory over a lesbian couple and an agnostic couple. The Ninth Circuit is considered the most liberal appellate court in the land.
  • Ayn Rand-Loving Companies Fight Over Atlas Shrugged Characters in Court

    07/01/2012 1:16:33 PM PDT · by nickcarraway · 16 replies
    SF Weekly ^ | Fri., Jun. 29 2012 | Erin Sherbert
    Instead of letting the free market decide, two Bay Area companies are going to court to settle a long-standing dispute about whether both can be named after the self-made Hank Rearden, a central character in Ayn Rand's opus Atlas Shrugged. Steve Perlman founded Rearden LLC, a San Francisco tech incubator, in 1999, naming the company after his favorite Rand character. Rearden Commerce, a web-based concierge service that offers customers the "Rearden Personal Assistant," helps organize travel plans and links to many travel vendors. According to the lawsuit, the company's owner, Patrick Grady, "also has an affinity for Rand's 'Hank Rearden'...
  • California gay marriage case looks headed to Supreme Court

    06/05/2012 10:02:15 AM PDT · by Free ThinkerNY · 3 replies
    Reuters ^ | June 5, 2012 | Peter Henderson and Dan Levine
    (Reuters) - The ninth Circuit Court of Appeals cleared the way for the Supreme Court to consider California's gay marriage ban, declining an appeal to revisit the case.
  • The Bootstrap Argument Of The Ninth Circuit Ruling Prop 8's Marriage Definition Is Unconstitutional

    02/20/2012 10:58:50 PM PST · by stevelackner · 25 replies
    STEVELACKNER.COM ^ | February 20, 2012 | Steven W. Lackner
    The Ninth Circuit Court of Appeals in a 2 to 1 decision written by the liberal Judge Stephen Reinhardt overturned the votes of seven million Californians. They ruled that California's Proposition 8 defining marriage as between a man and a woman was unconstitutional. The entire ruling rests on the most feeble of cowardly Constitutional arguments in upholding the baseless lower district court opinion. It misconstrues precedent and has the strongest of logical weaknesses. Republican Presidential Candidate Rick Santorum in response on February 12, 2012 rightly said that "I think judicial tyranny is a serious issue in this — in this...
  • Ninth Circuit Considers Constitutionality of Occult-Based Public Schools

    08/10/2011 7:47:55 PM PDT · by TheDingoAteMyBaby · 15 replies · 2+ views
    Earned Media ^ | Aug. 3, 2011 | Pacific Justice Institute
    Pacific Justice Institute has filed its opening brief with the U.S. Court of Appeals for the Ninth Circuit, located in San Francisco, in a case that challenges the constitutionality of taxpayer-funded charter schools that are based on occult teachings. "This case is truly stranger than fiction," noted Brad Dacus, president of Pacific Justice Institute. "It is incredible that we as taxpayers are still supporting schools founded on a belief system that incorporates elements of Hinduism, European occultism, and a heretical form of Christianity. We cannot have a constitutional double standard where mainstream Judeo-Christian beliefs are excluded from public schools while...
  • La Mesa man convicted of threatening pouts has conviction overturned by Ninth Circuit

    07/27/2011 6:16:32 AM PDT · by at bay · 14 replies
    Ninth Circuit ^ | July 19, 2011 | Ninth Circuit Vourt of Appeals
    "Even if "shoot the ni-" or "he will have a 50 cal in the head soon" could reasonably have been perceived by objective observers as threats within the factual context, this alone would not have been enough to convict Bagdasarian.....The government must also show that he made the statements intending that they be taken as a threat. A statement that the speaker does not intend as a threat is afforded constitutional protection and cannot be held criminal." page 17
  • Obama nominates Alaska Supreme Court Justice Morgan Christen to 9th Circuit (Palin Appointee)

    06/03/2011 5:46:58 AM PDT · by Colonel Kangaroo · 20 replies
    Achorage Daily News ^ | 5-18-2011 | Erika Bolstad
    The White House announced Wednesday evening that President Barack Obama is nominating Alaska Supreme Court Justice Morgan Christen to the Ninth Circuit U.S. Court of Appeals. "I am proud to nominate this outstanding candidate to serve on the United States Court of Appeals," Obama said in a statement. "I am confident Justice Morgan Christen will serve the American people with integrity and distinction."
  • 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...
  • Tomorrow: Biggest Nomination Fight of 2011 (Federal Courts vacancy)

    05/18/2011 8:16:01 PM PDT · by Clintonfatigued · 20 replies · 1+ views
    Red State ^ | May 18, 2011 | Curt Levey
    This excerpt summarizes the showdown that will occur tomorrow when Senate Democrats force a cloture vote on Ninth Circuit nominee Goodwin Liu, President Obama’s most radical judicial nominee and the man whom Obama would dearly like to make the first Asian-American Supreme Court justice. Liu’s left-wing agenda and outrageously activist view of the law makes this showdown a classic test of the bipartisan “extraordinary circumstances” standard for when judicial nominees can be filibustered. The standard originated in the 2005 Gang of 14 agreement. Liu is a 40 year old Berkeley law professor whose vocal and unabashed championing of judicial activism...
  • Ninth Circuit hears oral arguements in NBC Eligibility Cases

    05/03/2011 5:48:44 AM PDT · by wtd · 33 replies
    Ramona.Patch.com ^ | May 2, 2011 | Julie Pendray
    Uncharted Waters—Ramona Attorney Back in Court Over Obama CitizenshipUncharted legal waters. That's how Ramona attorney Gary Kreep summed up the judicial dilemma surrounding the question of whether President Barack Obama is eligible for his office and how Americans should generally deal with an eligibility issue once a president takes office. On Monday, Kreep and lawyer Orly Taitz of Rancho Santa Margarita once again asked the courts to allow them to present their cases and bring evidence in their fight to show that Obama isn't a U.S. citizen. It's not a simple request. At this stage, the court isn't hearing details...
  • Attorneys Fly in to Aid Ramona Lawyer in Fight Over President's Eligibility

    05/01/2011 7:56:33 AM PDT · by jdoug666 · 35 replies
    Ramona Patch ^ | 4/29/2011 | Julie Pendray
    When he steps into the 9th U.S. Circuit Court of Appeals in Pasadena on Monday, he'll ask a panel of three judges for a chance to show evidence that the president of the United States isn't eligible for the job. He'll argue that Barack Obama wasn't born in this country and that the plaintiffs in his case—members of the American Independent Party—didn't get a fair shake in the 2008 presidential election.
  • The Bus Has Left the Station - California’s liberal Ninth Circuit rejects a specious civil...

    04/03/2011 7:46:24 PM PDT · by neverdem · 31 replies
    City Journal ^ | 1 April 2011 | David A. Lehrer, Joe R. Hicks
    California’s liberal Ninth Circuit rejects a specious civil-rights lawsuit.This February, the U.S. Ninth Circuit Court of Appeals—widely seen as one of the more liberal federal courts in the nation—issued its ruling in Darensburg v. Metropolitan Transit Commission, a lawsuit brought by poor, largely minority riders of public buses in the San Francisco Bay Area. The plaintiffs had alleged that, since a large majority of the city’s bus riders were nonwhite, the Metropolitan Transportation Commission’s preference for rail-expansion projects over bus-expansion projects was racially biased and a violation of the 1964 Civil Rights Act. The court ruled against the plaintiffs and...
  • Same-sex marriage stays on hold for Prop. 8 appeal

    03/23/2011 12:48:37 PM PDT · by Free ThinkerNY · 8 replies
    sfgate.com ^ | March 23, 2011 | Bob Egelko
    SAN FRANCISCO -- A federal appeals court refused today to let same-sex marriages resume in California while it considers the constitutionality of a 2008 ballot measure that defined marriage as the union of a man and a woman. Gay and lesbian couples and the city of San Francisco had asked the Ninth U.S. Circuit Court of Appeals last month to lift its suspension of a federal judge's August 2010 ruling that declared Proposition 8 unconstitutional. The couples and the city, plaintiffs in a lawsuit challenging Prop. 8, cited the appeals court's decision to put the case on hold while the...
  • Rape case: Court tosses 9th Circuit racism ruling

    03/21/2011 4:35:30 PM PDT · by SmithL · 16 replies
    San Francisco Chronicle ^ | 3/21/11 | Bob Egelko, Chronicle Staff Writer
    The U.S. Supreme Court reinstated a Sacramento man's conviction and life sentence Monday for the rape of a 72-year-old woman in her apartment, dismissing an appellate court's decision that the prosecutor may have had racial reasons for removing two African Americans from the jury. The Ninth U.S. Circuit Court of Appeals in San Francisco had granted a new trial to Steven Frank Jackson in July. The court said the prosecutor at Jackson's 2004 trial had used pretexts to justify his challenges to the two African American jurors, because the reasons he gave could have applied to jurors he left on...
  • SCOTUS smacks down Ninth Circuit again

    03/21/2011 10:12:02 AM PDT · by SmithL · 23 replies
    San Francisco Chronicle ^ | 3/21/11 | Debra J. Saunders
    Supreme Court unanimous reversals of the Ninth Circuit are becoming so common as to be almost yawn inducing. Today comes the latest reversal of a Ninth Circuit ruling in favor of a sex offender who attacked a 72-year-old woman. In short, the big bench once again was forced to remind the S.F.-based court that it is supposed to defer to local court decisions.
  • Administration Shields Sexually Deviant Illegals and Supports DREAM Act (9th Circus outrage)

    11/29/2010 11:23:18 AM PST · by jazusamo · 9 replies
    Family Security Matters ^ | November 29, 2010 | J. Christian Adams
    Victor Nunez is an illegal alien from Mexico. Two years after arriving in the United States, he was convicted of petty theft for shoplifting. Then, he was convicted of a much more serious crime: He exposed himself in public. But even that wasn’t enough to have him removed from the country.   After a decade of his illegal presence, the Department of Homeland Security finally brought immigration charges to remove him from the United States. Crimes of “moral turpitude,” like exposing your genitals to children, are supposed to result in certain deportation.     The Immigration Judge denied his application, and the Board of...
  • 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,...
  • Court halts Calif. gay marriages pending appeal

    08/16/2010 4:28:15 PM PDT · by NormsRevenge · 45 replies · 2+ views
    AP on Yahoo ^ | 8/16/10 | Lisa Leff - ap
    SAN FRANCISCO – A federal appeals court put same-sex weddings in California on hold indefinitely Monday while it considers the constitutionality of the state's gay marriage ban. The decision, issued by a three-judge panel of the 9th U.S. Circuit Court of Appeals, trumps a lower court judge's order that would have allowed county clerks to begin issuing marriage licenses to same-sex couples on Wednesday. Lawyers for the two gay couples that challenged the ban said Monday they would not appeal the panel's decision on the stay to the Supreme Court.
  • Breaking Mark Levin.. 9th Circus of Appeals rules NO gay marriages while case is on appeal

    08/16/2010 3:57:22 PM PDT · by NormsRevenge · 23 replies
    MarkLevin.com ^ | 8/16/10
    BReaking Hot!!! 9th Circus flips lid, says hold the marriages off 'til the case finishes appeals..
  • Appeals court stays marriage ruling (Ca Prop 8)

    08/16/2010 4:01:36 PM PDT · by Beaten Valve · 141 replies
    Politico ^ | August 16, 2010 | Ben SMith
    The Ninth Circuit has stayed Judge Vaughn Walker's ruling in the high-profile Constitutional challenge to California's same-sex marriage ban. The case is scheduled to be heard in early December. So hold the wedding bells. There is some good news, though, for the same-sex plaintiffs: The court warned in its order that it's considering dismissing the appeal on the grounds that the appelants -- who don't include the Governor or Attorney General -- lack standing. "In addition to any issues appellants wish to raise on appeal, appellants are directed to include in their opening brief a discussion of why this appeal...
  • Judge Bolton: An F for the Arizona Decision – Rewrite It

    07/31/2010 11:37:27 AM PDT · by Congressman Billybob · 52 replies · 8+ views
    Special to FreeRepublic ^ | 31 July 2010 | John Armor (Congressman Billybob)
    It’s been thirty years, and I still miss the classroom. I taught American Political Theory to mostly seniors, Pre-Law or Political Science majors, that long ago. If any of them had submitted a paper as ill-thought-out as Judge Susan Bolton’s decision on the Arizona immigration law, I’d have given them an F, and made them rewrite it from scratch. Here’s why: The largest point is that this US District Judge ignored the very case that was presented to her for decision. The federal complaint attacked the Arizona law for only one general flaw. It claimed that the state law preempted...
  • Kyl: Liu's writings 'vicious'

    04/16/2010 9:36:09 AM PDT · by jazusamo · 22 replies · 935+ views
    Politico ^ | April 16, 2010 | Kasie Hunt
    A top Senate Republican hammered liberal law professor Goodwin Liu’s writings as “vicious, emotionally and racially charged” at his confirmation hearing Friday – igniting the first real test of whether Republicans will be able to block the most controversial of President Barack Obama’s lower court judicial nominees. Sen. Jon Kyl (R-Ariz.) slammed Liu’s testimony against Samuel Alito during his confirmation hearings for the Supreme Court. “Judge Alito’s record envisions an America where police may shoot and kill an unarmed boy to stop him from running away with a stolen purse … where a black man may be sentenced to death...
  • Court OKs barring religious music at graduation

    03/22/2010 7:07:33 PM PDT · by NormsRevenge · 32 replies · 636+ views
    SFGate.com ^ | 3/22/10 | Bob Egelko
    WASHINGTON -- A federal appeals court ruling allowing a school district to veto an orchestral religious piece at high school graduation survived Supreme Court review Monday over a dissent by a conservative justice, who said the decision would stifle freedom of expression. The justices denied a 12th-grade musician's appeal of a ruling in September by the Ninth U.S. Circuit Court of Appeals in San Francisco. The appeals court said school officials' decision to keep the graduation program secular was a reasonable effort to avoid a constitutional controversy and did not violate students' rights. The ruling, in a case from Washington...
  • SIEU v. IRS

    03/17/2010 6:18:12 PM PDT · by Lurking Libertarian · 6 replies · 269+ views
    California Appellate Report ^ | March 17, 2010 | Ninth Circuit Court of Appeals
    I'm not sure who is more unpopular with FReepers, the SIEU or the IRS, but they went head-to-head today before the U.S. Court of Appeals for the Ninth Circuit, and IRS came out ahead, to the tune of $52,000 and change. it's hard to post a link directly to the court's decision, but the link above is to a blog post which in turn links to the decision.
  • Obama to Nominate Prof. Liu to Ninth Circuit. (Libtard Wacko for the 9th Circus.)

    02/24/2010 8:18:30 PM PST · by freedomwarrior998 · 6 replies · 454+ views
    Volokh Conspiracy ^ | 02-24-2010 | Jonathan H. Adler
    Speaking of law professors at the University of California at Berkeley, the Los Angeles Times reported this morning that ... Obama will nominate Professor Goodwin Liu to a seat on the U.S. Court of Appeals for the Ninth Circuit today.
  • Court OKs barring religious tunes at graduation

    09/08/2009 6:12:58 PM PDT · by artichokegrower · 10 replies · 667+ views
    San Francisco Chronicle ^ | September 8, 2009 | Bob Egelko
    SAN FRANCISCO -- A divided federal appeals court on Tuesday upheld a school district's refusal to let a band play a religious piece at a high school graduation, saying the superintendent had reasonably decided to avoid a constitutional controversy by ordering a secular program. The district's veto of an instrumental version of "Ave Maria" by German composer Franz Biebl at the 2006 graduation ceremony in Everett, Wash., did not violate students' freedom of speech or religion, said the Ninth U.S. Circuit Court of Appeals in San Francisco.
  • Ashcroft liable for detentions, court finds

    09/04/2009 2:09:30 PM PDT · by Sub-Driver · 35 replies · 2,517+ views
    Ashcroft liable for detentions, court finds By Tony Romm - 09/04/09 04:18 PM ET Former Attorney General John Ashcroft may be sued and held liable for wrongly detaining witnesses after the Sept. 11 attacks, a federal appeals court ruled on Friday. In its decision, the 9th U.S. Circuit Court of Appeals said that Abdullah Al-Kidd, a U.S. citizen detained as a material witness for two weeks, may sue the former attorney general for breaching his constitutional rights. Al-Kidd claimed during the case that his brief imprisonment caused him to lose a scholarship and crippled his chances of finding employment, according...
  • Court Sets New Rules for Computer Searches [Ninth Circuit] [MLB steroid abuse]

    08/30/2009 3:48:44 PM PDT · by rabscuttle385 · 19 replies · 892+ views
    The New American ^ | 2009-08-30 | Jack Kenny
    In a ruling with broad implications for computer privacy, the Ninth U.S. Circuit Court of Appeals in San Francisco ruled that federal investigators went too far when they seized the digital records of a drug testing company and kept the results of confidential drug tests performed on all Major League baseball players during the 2002 season. According to published reports, 104 players tested positive for performance enhancing drugs. The names of four of them — Alex Rodriguez, Manny Ramirez, David Ortiz, and (now retired) Sammy Sosa — were leaked to the press by an anonymous source or sources. The court...
  • Steroid leaks were government's fault (MLB STEROID CASE BLOWS UP)

    08/28/2009 2:53:21 PM PDT · by Chi-townChief · 18 replies · 1,064+ views
    Yahoo! Sports ^ | Aug 27, 12:33 am EDT | Jonathan Littman
    The federal appeals court ruling against the government Wednesday in the long running Major League Baseball drug-testing case has several far-reaching ramifications. The decision means that leaking the names of steroid-tainted players to Sports Illustrated and The New York Times likely constituted crimes, and that an investigation could be launched to identify the leakers. It also means that the blockbuster revelations about steroid cheating by Alex Rodriguez(notes), Sammy Sosa(notes), Manny Ramirez(notes) and David Ortiz(notes) were based on evidence gathered in an illegal search by lead BALCO investigating agent Jeff Novitzky. Unless the Ninth Circuit decision is successfully appealed to the...
  • High-Profile Gun Rights Case Inches Toward Supreme Court

    08/25/2009 8:30:52 AM PDT · by neverdem · 101 replies · 3,458+ views
    cbsnews.com ^ | August 25, 2009 | Declan McCullagh
    (IStockPhoto) A federal appeals court on September 24 will hear a high-profile gun rights case that's a leading candidate to end up before the U.S. Supreme Court. The U.S. Ninth Circuit Court of Appeals is likely to decide whether the Second Amendment's guarantee of a right to "keep and bear arms" restricts only the federal government -- the current state of affairs -- or whether it can be used to strike down intrusive state and local laws too. A three-judge panel ruled that the Second Amendment does apply to the states. But now a larger Ninth Circuit panel will rehear...
  • Genital Mutilation Grounds For Asylum Bid

    08/24/2009 9:08:23 PM PDT · by Steelfish · 19 replies · 559+ views
    SFChronicle ^ | August 24, 2009
    <p>SAN FRANCISCO -- A Northern California family whose daughter underwent forced circumcision in Indonesia is entitled to seek political asylum in the United States, a federal appeals court said Monday.</p> <p>The Ninth U.S. Circuit Court of Appeals in San Francisco criticized immigration officials who, in ordering the family deported, decided that the girl had suffered no serious harm when her genitals were mutilated as a newborn.</p>
  • 9th Cir. Refuses To Ground Boeing Rendition Lawsuit

    04/29/2009 3:32:37 PM PDT · by radar101 · 1 replies · 402+ views
    WSJ Law Blog ^ | April 28, 2009, | Ashby Jones
    A panel of judges from the U.S. Court of Appeals for the Ninth Circuit in San Francisco today overturned a lower court ruling that put a halt to a controversial lawsuit concerning extraordinary rendition, the practice of flying suspected terrorists to their home (or other) countries. Click here for the story, from the San Jose Mercury News; here for the AP story. The lawsuit was filed by the ACLU on behalf of five men who say they were subjected to the government’s extraordinary rendition program — that they were kidnapped and sent to overseas prisons where they were tortured. The...
  • Second Amendment Rights in the Wild West

    04/25/2009 10:49:15 PM PDT · by 2ndDivisionVet · 23 replies · 1,614+ views
    Townhall ^ | April 24, 2009 | Meredith Turney
    It may seem utterly impossible, but a fairly decent ruling regarding the Second Amendment came from a California court this week. The San Francisco-based Ninth U.S. Circuit Court of Appeals actually ruled that private citizens can challenge state and local gun laws under the Second Amendment. Jokingly referred to as the Ninth “Circus” Court of Appeals for its historically horrendous opinions (it’s one of the most overturned appeals court in the nation), it is stunning to read the majority opinions in the case, Nordyke v. King. The majority opinions read more like a historical chronology of gun rights produced by...
  • Obama heeding lesson from ‘94 gun ban

    04/21/2009 5:23:46 PM PDT · by neverdem · 43 replies · 3,312+ views
    Houston Chronicle ^ | April 20, 2009 | STEWART M. POWELL and JENNIFER A. DLOUHY
    WASHINGTON — The last time a Democratic president and a Democratic Congress banned civilian sales of military-style assault weapons, it took American voters just seven weeks to rebel. They handed Republicans control of the House and the Senate for the first time in 40 years. One of the casualties in the backlash was Rep. Jack Brooks, D-Beaumont, who sponsored the ban and then promptly lost his seat in Congress in 1994 after 42 years of service. The lesson wasn’t lost on President Obama when Mexican President Felipe Calderon suggested reviving the defunct weapons’ ban to help combat drug cartel violence...
  • Ninth Circuit Court Extends Second Amendment Rights

    04/21/2009 7:33:58 AM PDT · by Plainsman · 5 replies · 675+ views
    National Review ^ | April 20, 2009 | Mark Hemingway
    Believe it or not, the Ninth Circuit Court ruled today that the second amendment restricts the right powers of state and local governments to interfere with the individual right to gun ownership. The decison even observes that the right to bear arms is “deeply rooted in this Nation’s history and tradition.” Notes Cato Institute's Ilya Shapiro, "I rarely get a chance to say this, but the Ninth Circuit gets it exactly right." On a related matter, I just got around to Brian Doherty's Gun Control on Trial: Inside the Supreme Court Battle Over the Second Amendment. It's a terrific accounting...