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Keyword: ninthcircuit

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  • California Judge Issued Stay on Magazine Ban to Protect Gun Owners

    04/24/2019 10:15:49 PM PDT · by marktwain · 10 replies
    Ammoland ^ | 18 April, 2019 | Dean Weingarten
    The Honorable Roger T. Benitez issued a stay on his own ruling to protect the hundreds of thousands of people who imported magazines into California while his ruling stood. He did that as a preemptive strike against the Ninth Circuit issuing a stay without the protection for those who had purchased magazines while it was in effect. He had a choice, issue the stay under his conditions, or have the Ninth Circuit issue the stay under their conditions. He chose wisely.The Summary Judgment ruling on Duncan v. Becerra was made on on 29 March, 2019. At that point it...
  • Cities Can’t Punish Homeless People For Sleeping On Street, Court Affirms

    04/20/2019 5:59:53 PM PDT · by simpson96 · 38 replies
    HuffPo ^ | 4/5/2019 | Sarah Ruiz-Grossman
    A federal court upheld its previous ruling that cities cannot criminalize homeless people for sleeping outdoors if they have no adequate alternatives. The 9th U.S. Circuit Court of Appeals, based in San Francisco, rejected a petition Monday for a rehearing from the city of Boise, Idaho, in the case of Martin v. Boise. The court essentially maintained its September 2018 ruling that prosecuting or otherwise punishing homeless people for sleeping on the street if they have nowhere else to go qualifies as “cruel and unusual punishment” and is unconstitutional. The September ruling applied to all cities in the 9th Circuit’s...
  • Federal appeals court upholds California's 'sanctuary state' laws [9th circus]

    04/19/2019 7:22:32 AM PDT · by Red Badger · 48 replies
    UPI ^ | April 18, 2019 / 11:34 PM | By Daniel Uria
    April 18 (UPI) -- A federal appeals court upheld California's so-called "sanctuary state" laws late Thursday, reinforcing a lower court ruling to keep them in place. The three-judge panel of the U.S. 9th Circuit Court of Appeals unanimously rejected challenges by the Trump administration against California laws SB 54, AB 103 and AB 450, aimed at protecting immigrants in the state from arrest and deportation. For AB 54, which limits cooperation between local law enforcement and federal immigration authorities, the court ruled the state's "refusing to help is not the same as impeding" efforts to enforce federal immigration laws. The...
  • The Latest: Court allows return of asylum seekers to Mexico.

    04/12/2019 9:02:43 PM PDT · by little jeremiah · 27 replies
    AP News ^ | April 12, 2019 | AP
    SAN DIEGO (AP) — The Latest on a court ruling that would have prevented the Trump administration from returning asylum seekers to Mexico to await court hearings (all times local): 4:45 p.m. A federal appeals court has temporarily blocked a judge’s order that would have stopped the Trump administration from returning asylum seekers to Mexico. The 9th U.S. Circuit Court of Appeals issued a temporary stay Friday. A three-judge panel set a Tuesday deadline for civil liberties groups to submit arguments why the order blocking the Trump administration should take effect. It set a Wednesday deadline for the government to...
  • The Latest: Court allows return of asylum seekers to Mexico.

    04/12/2019 6:12:12 PM PDT · by blueyon · 51 replies
    AP ^ | 4/12/19 | Ap
    1 of 3 A girl from the Mexican state of Guerrero passes rows of tents as her family waits at a shelter of mostly Mexican and Central American migrants to begin the process of applying for asylum Friday, April 12, 2019, in Tijuana, Mexico. The Trump administration is asking an appeals court to let it continue returning asylum seekers to Mexico hours before a U.S. judge's order was set to go into effect Friday afternoon reversing the unprecedented change to the U.S. asylum process. (AP Photo/Gregory Bull) SAN DIEGO (AP) — The Latest on a court ruling that would have...
  • Hit the Immigration Issue Hard, Mr. President

    04/08/2019 3:25:54 PM PDT · by Kaslin · 23 replies
    Rush ^ | April 8, 2019 | Rush Limbaugh
    RUSH: Hey. Here I am back at it, folks, and great to be back here with you on the Excellence in Broadcasting Network, Rush Limbaugh here. The telephone number, as always, if you want to appear, 800-282-2882. And the email address, All right. So Kirstjen Nielsen is out. You know, folks, my impression of her was that she was loyal and that she was tough and that she was out there begging for support. And so I was one, I don’t know of how many, that was surprised when I found out she was leaving. Do we know yet...
  • Judge orders feds to give asylum seekers chance to make bail

    04/05/2019 6:07:23 PM PDT · by jazusamo · 42 replies
    The Washington Times ^ | April 5, 2019 | Stephen Dinan
    A federal judge on Friday ordered the federal government to either quickly bring asylum seekers to a judge to argue for bail or else release the migrants outright, in a ruling that deals another blow to President Trump’s attempts to crack down on the border crisis. Judge Marsha J. Pechman, a Clinton appointee to the bench, said the government cannot hold the asylum-seekers in question for longer than seven days without giving them a chance at a bond hearing. And she ordered that the burden of proof will be on Homeland Security to make the case for why the migrants,...
  • Supreme Court Won’t Dismiss Bogus Charges Against David Daleiden for Exposing Planned Parenthood

    04/01/2019 1:56:26 PM PDT · by ManHunter · 23 replies ^ | 1 APR 2019 | Micaiah Bilger
    The U.S. Supreme Court refused Monday to hear an appeal to dismiss Planned Parenthood’s lawsuit against David Daleiden and the Center for Medical Progress. Ad Row 2 The decision means Planned Parenthood may continue its legal action against Daleiden and his undercover investigative group, which exposed the abortion chain’s aborted baby body parts trade. The abortion group has accused Daleiden of fraud and invasion of privacy, among other things, according to Reuters. The Washington Examiner reports more: The Center for Medical Progress argued that the Planned Parenthood lawsuits interfered with the organization’s right to free speech and that it violated...
  • Trump-picked 9th Circuit judge clears last hurdle to confirmation, with more nominees in pipeline

    03/25/2019 7:31:49 PM PDT · by House Atreides · 37 replies
    Fox News ^ | March 25, 2019 | Gregg Re
    Another of President Trump's nominees to the San Francisco-based 9th Circuit Court of Appeals cleared a key procedural hurdle in the Senate on Monday, as the White House continues its push to transform the key left-leaning appellate court that the president repeatedly has derided as hopelessly biased and "disgraceful." By a 77-20 vote, the Senate invoked cloture to end debate on Trump's nomination of Arizona-based Magistrate Judge Bridget Bade, a former clerk to conservative 5th Circuit Judge Edith Jones. Bade is slated to replace Bill Clinton-nominated Judge Barry Silverman, who has been on senior status since late 2016 -- effectively...
  • Supreme Court sides with Trump on detention of immigrants

    03/19/2019 12:45:39 PM PDT · by Liberty7732 · 20 replies
    The Supreme Court on Tuesday ruled in favor of the Trump administration by deciding federal officials can detain immigrants at any time for possible deportation after they have served their time in the U.S. for other crimes. The 5-4 decision reversed the 9th Circuit Court of Appeals, which said officials have to detain these immigrants immediately or they are exempt from ever being detained. Justice Samuel Alito delivered the majority opinion for the court, and he was joined by Chief Justice John Roberts and Justices Clarence Thomas, Neil Gorsuch, and Brett Kavanaugh. Justices Steven Breyer, Ruth Bader Ginsburg, Sonia Sotomayor,...
  • U.S. Supreme Court hands Trump a victory on immigration detention

    03/19/2019 10:15:28 AM PDT · by central_va · 25 replies
    Al Reuters ^ | 3/19 | Lawrence Hurley
    WASHINGTON (Reuters) - The Supreme Court on Tuesday endorsed the U.S. government's authority to detain immigrants awaiting deportation anytime - potentially even years - after they have completed prison terms for criminal convictions, handing President Donald Trump a victory as he pursues hardline immigration policies.
  • Supreme Court sides with Trump in immigrant detention dispute

    03/19/2019 10:11:42 AM PDT · by jazusamo · 26 replies
    The Hill ^ | March 19, 2019 | Lydia Wheeler
    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...
  • Nielsen v. Preap -- SCOTUS decision

    03/19/2019 7:26:46 AM PDT · by CFW · 25 replies
    Scotusblog ^ | 3/19/2019 | various
    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.
  • As WH loses another ‘sanctuary' case, the Left is setting the stage for a HUGE conservative backlash

    03/07/2019 8:27:07 AM PST · by SleeperCatcher · 22 replies
    The National Sentinel ^ | 3/7/19 | Jon Dougherty
    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:...
  • Thanks To Trump, The Liberal Ninth Circuit Is No Longer Liberal

    02/28/2019 3:07:11 PM PST · by MaxistheBest · 37 replies ^ | 02/28/2019 | Ben Feuer
    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...
  • 9th Circuit gets another Trump-picked judge, after White House bypasses consultation with Dems

    02/26/2019 11:22:21 PM PST · by knighthawk · 34 replies
    Fox News ^ | February 26 2019 | Gregg Re
    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...
  • Senate reignites blue slip war over Trump court picks

    02/24/2019 3:55:43 PM PST · by jazusamo · 38 replies
    The Hill ^ | February 24, 2019 | Jordain Carney
    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,”...
  • Appeals court sides with Trump in border wall prototype dispute

    02/11/2019 11:36:53 AM PST · by yesthatjallen · 30 replies
    The Hill ^ | 02/11/19 | Lydia Wheeler
    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...
  • Supreme Court's ‘10th justice’ favors unusual tactic for Trump cases

    02/10/2019 6:10:00 PM PST · by be-baw · 23 replies
    The Hill ^ | February 10, 2019 | Lydia Wheeler
    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...
  • Trump heads off conservative rebellion with new slate of California judicial nominees

    01/30/2019 5:52:21 PM PST · by Conserv · 32 replies
    I apologize to President Trump for starting to think he was going soft.