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Keyword: ninthcircuit

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  • Somalia Mogadishu car bomb: At least 34 people killed

    02/19/2017 3:25:59 PM PST · by BenLurkin · 18 replies
    bbc ^ | 19 February 2017
    The car blew up in the city's southern Madina district, officials say. The blast - which ripped through shops and food stalls - is the first major attack in the capital since the election of President Mohamed Abdullahi Mohamed earlier this month. No group has claimed responsibility, although al-Shabab militants are likely to be the prime suspects. On Saturday a senior al-Shabab commander vowed to target the president's supporters. Sheikh Hassan Yaqub said that anyone who collaborated with the new president - who he described as evil-minded - would be at risk of attack by the Islamist group.
  • 9th Circuit Court Caught Covering Up Acts Of Terrorism

    02/13/2017 2:22:05 PM PST · by bogusname · 23 replies
    The court's ruling “There is no evidence showing a risk to the United States in allowing aliens from these seven terror-associated countries to come in.” is a lie. Evidence now shows that acts of terrorism have been perpetrated by 72 individuals from the seven countries listed in Trump's Executive Order.
  • Muslim U.S. Olympian Says She Was 'Detained' by Trump's Travel Ban... But There's One Big Problem

    02/13/2017 8:35:16 PM PST · by montag813 · 8 replies
    TRN ^ | 02/13/2017 | Brooke Bosca
    by Brooke Bosca | Top Right NewsThe leftist lies about President Trump's immigration actions never seem to end. The media and Democrats have attacked Trump for his entirely legal executive order restricting people from 7 high-risk nations entering the U.S. Every president since a 1952 law was passed has used it -- including Obama with Iraqis in 2011 and Cubans in 2016, with zero outrage. Not only does the press lie about the law, but about incidents they've falsely ascribed to Trump's ban -- such as the media's fake story about an Iraqi woman dying because of the executive order -- quickly proven dead...
  • Courts likely to probe Trump's intent in issuing travel ban

    02/13/2017 6:18:07 AM PST · by Pinkbell · 79 replies
    Reuters ^ | February 12, 2017 | By Andrew Chung and Mica Rosenberg
    Washington state's attorney general has promised to uncover "what truly motivated" President Donald Trump's executive order on immigration, an approach that could prompt a rare public examination of how a U.S. president makes national security decisions. The presidential order imposed a temporary ban on travelers from seven predominantly Muslim countries, but a federal judge has barred enforcement of the order while the court considers a challenge brought by Washington state. On Thursday, the U.S. Court of Appeals for the 9th Circuit left the judge’s ruling in place without deciding the ultimate merits of either side’s arguments. In its decision, the...
  • 72 convicted in U.S. terror cases came from nations targeted for vetting

    02/13/2017 6:20:32 AM PST · by rdl6989 · 13 replies
    Washington Times ^ | February 12, 2017 | Stephen Dinan
    At least 72 convicted terrorists came from the seven countries President Trump targeted in his extreme vetting executive order, according to a new report this weekend that directly undercut part of the courts’ rulings halting the program. Seventeen of those entered the U.S. under the refugee program that Mr. Trump has said is of special concern to him, according to the data compiled by the Senate Judiciary Committee and analyzed by the Center for Immigration Studies.
  • On Trial: Five Signs Even The Ninth Circuit Knows Trump Will Win Travel Ban Fight In End

    02/12/2017 9:13:00 AM PST · by MaxistheBest · 107 replies
    LawNewz.com ^ | 02/12/2017 | Robert Barnes
    Tell #1: When The 9th Circuit Cannot Even Cite The Most Important Law On The Subject The Constitution delegated expressly to Congress the right to control immigration. Congress in turn gave broad power over immigration to the President. This statute was the cited basis for Trump’s foreign entry ban on select countries. Guess how many times the 9th Circuit even mentioned this statute? Zero! This shows the 9th Circuit knew they had no answer for the law. Instead, they pretend this key law doesn’t exist. Just reading the law exposes why the 9th Circuit hid it.... “Whenever the President finds...
  • Study Reveals 72 Terrorists Came From Countries Covered by Trump Vetting Order

    02/11/2017 11:49:19 AM PST · by SubMareener · 19 replies
    Center for Immigration Studies (CIS) ^ | February 11, 2017 | Jessica Vaughan
    A review of information compiled by a Senate committee in 2016 reveals that 72 individuals from the seven countries covered in President Trump's vetting executive order have been convicted in terror cases since the 9/11 attacks. These facts stand in stark contrast to the assertions by the Ninth Circuit judges who have blocked the president's order on the basis that there is no evidence showing a risk to the United States in allowing aliens from these seven terror-associated countries to come in. In June 2016 the Senate Subcommittee on Immigration and the National Interest, then chaired by new Attorney General...
  • Ninth Circuit abandons rule of law in favor of ‘stop Trump’

    02/10/2017 9:04:49 AM PST · by Sean_Anthony · 12 replies
    Canada Free Press ^ | 02/10/17 | Dan Calabrese
    By refusing to reinstate the immigration executive order, Appeals Court completely ignores both statute and facts The left is pretty excited right about now, and I suppose you can’t blame them. When they can’t win elections or pass their agenda via legislation, what they usually do is run to the courts. It matters not at all that it’s not the job of courts to overturn the will of voters or legislators. The only thing that matters to the left is getting their way, and they’ll be more than happy to see judges make up law from whole cloth if that’s...
  • The Ninth Circuit: dangerously out of order

    02/10/2017 8:23:54 AM PST · by Sean_Anthony · 25 replies
    Canada Free Press ^ | 02/10/17 | Matthew Vadum
    Black-robed politicians on the Left Coast handcuff Trump, keeping the borders wide open for terrorists Three unelected federal judges in San Francisco yesterday ordered the Trump administration to continue accepting visitors and would-be immigrants from seven dangerous countries that are incubators of Muslim terrorism. When President Trump learned his temporary ban on the admission of aliens from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen that was put on hold Feb. 3 by Seattle-based Judge James L. Robart would continue in abeyance, he got on Twitter immediately.
  • Senate GOP Introduces Bill To Break Up The ‘LIBERAL’ Ninth Circuit Court

    02/09/2017 6:54:06 PM PST · by bobsunshine · 86 replies
    The Gateway Pundit ^ | February 9, 2017 | Jim Hoft
    Republicans are now pushing to break up the liberal ninth circuit court which is the most reversed court in the country. Republican Senators Jeff Flake and John McCain have introduced legislation to “carve six states out of the San Francisco-based court circuit and create a brand new 12th Circuit,” according to Fox News. The argument that they make is that the court is too big, too liberal and too slow in resolving cases.
  • State of Washington & State of Minnesota v. Trump

    02/09/2017 3:47:18 PM PST · by Ray76 · 10 replies
    Ninth Circuit Court ^ | Feb 9, 2017 | Ninth Circuit Court
    Ruling re Appeal of Visa Suspension TRO
  • Federal appeals court maintains suspension of Trump’s immigration order

    02/09/2017 3:21:48 PM PST · by mandaladon · 274 replies
    A federal appeals court has maintained the freeze on President Trump’s controversial immigration order, meaning previously barred refugees and citizens from seven Muslim-majority countries can continue entering the U.S. A panel with the U.S. Court of Appeals for the 9th Circuit upheld the ruling of U.S. District Judge James Robart, who had decided Friday that Trump’s temporary travel ban should be put on hold. The Department of Homeland Security soon suspended all enforcement of Trump’s controversial directive. The Justice Department, representing the Trump administration, could now ask the Supreme Court — which often defers to the president on matters of...
  • BREAKING: 9th Circuit to Issue Ruling on Trump Temporary Travel Ban at 6:30 ET

    02/09/2017 2:17:04 PM PST · by sheikdetailfeather · 216 replies
    Gateway Pundit ^ | 2/9/2017 | Jim Hoft
    The Ninth Circuit Court of Appeals announced they will issue a ruling on President Trump’s temporary travel ban. Washington Judge James L. Robart filed a temporary restraining order on President Trump’s refugee ban from seven terror states.
  • Trump’s travel ban: Why the 9th Circuit could flip and unexpectedly grant a stay

    02/08/2017 12:47:08 PM PST · by Yo-Yo · 28 replies
    Fox News Online ^ | February 8th, 2017 | Robert Charles
    The U.S. Court of Appeals, 9th Circuit, undertook an extraordinary review Tuesday evening, hearing arguments for and against a stay of district court action that blocked President Trump’s Executive Order on immigration. From the outset, it was a pitched battle before a notoriously liberal Circuit. That said, the Justice Department acquitted itself well – and may have won an upset. If not the Super Bowl, there were surprises. Kick off was simple. Justice briefed a three-judge panel on the need for a temporary pause in migration from seven countries identified by Congress and the prior Administration as terrorist risks. They...
  • Ninth Circuit Rejects Motion For Immediate Reinstatement Of Executive Order

    02/05/2017 1:21:09 PM PST · by Lurking Libertarian · 85 replies
    Jonathan Turley ^ | 2/5/17 | Jonathan Turley
    The United States Court of Appeals for the Ninth Circuit has declined a demand for an immediate reinstatement of the Executive Order on immigration but has scheduled expedited arguments and filings in the case for Monday. The decision is not surprising in such a case. Courts need to hear from the other side in the dispute, particularly when the Washington Attorney General prevailed in the trial court. Moreover, a temporary restraining order is very difficult to reverse on an interlocutory appeal. Normally, appellate courts will wait for a final decision and opinion from the lower court before agreeing to review...
  • Christian Vindicated! Ninth Circuit Finds Arrest Unlawful by CHP Officer

    01/12/2017 10:40:42 PM PST · by vrwc1 · 8 replies
    Advocates for Faith and Freedom ^ | January 11, 2017 | Advocates for Faith and Freedom
    Pasadena, CA. Today, three federal appellate judges in the Ninth Circuit issued a final ruling in favor of a Christian man, Mark Mackey, who was arrested for reading the Bible aloud in front of the California Department of Motor Vehicles in Hemet, CA in 2011. Read the ruling here. The CHP Officer, Darren Meyers, erroneously cited Mr. Mackey for violating a state law that forbids the interference with an open business through obstruction and intimidation. The Ninth Circuit rebuked the officer’s fabricated claims in his police report: Upon arrival, Meyer encountered Mackey reading his bible aloud in a dirt patch,...
  • Liberals Panic as Trump Could Flip Left-Leaning Ninth Circuit

    01/03/2017 7:53:35 AM PST · by DeathBeforeDishonor1 · 44 replies
    Breitbart ^ | 1/3/2016 | Joel Pollac
    Liberals are panicking about the fact that President-elect Donald Trump will be able to fill four vacancies on the historically left-leaning Ninth Circuit Court of Appeals when he takes office later this month. Outgoing Sen. Barbara Boxer (D-CA) called the vacancies a “judicial emergency,” according to Bay Area public radio station KQED, even though there are 29 judges on the court. The “emergency” is that Trump’s nominees might be able to make the court more conservative. The Ninth Circuit’s jurisdiction covers many West Coast states, and its decisions have often reflected the liberal political culture of California and other “left...
  • Teixeira v. Alameda to be Heard at Ninth Circuit, En Banc (gun store zoning) case

    01/03/2017 8:02:23 AM PST · by marktwain
    Gun Watch ^ | 29 December, 2016 | Dean Weingarten
    Earlier this year, on May 16th,  a three judge panel on the Ninth Circuit ruled that Alameda County in California could not impose a zoning ordinance on gun stores that was more strict than for other businesses.  In the case, Teixeira v. County of Alameda, the ordinance restricted gun stores from locating anywhere withing 500 feet of a residentially zoned district.  From the ruling(pdf): Reversing the dismissal of plaintiffs’ Second Amendment claims, the panel held that the County had offered nothing to undermine the panel’s conclusion that the right to purchase and to sell firearms is part and parcel...
  • Ninth Circuit Overturns ruling on Second Amendment Waiting Periods

    12/23/2016 4:15:26 AM PST · by marktwain · 27 replies
    ammoland ^ | 15 December, 2016 | Dean Weingarten
    <p>The panel reversed the district court’s bench trial judgment and remanded for entry of judgment in favor of the state of California in an action challenging a California law establishing a 10-day waiting period for all lawful purchases of guns. The panel first stated that this case was a challenge to the application of the full 10-day waiting period to those purchasers who have previously purchased a firearm or have a permit to carry a concealed weapon, and who clear a background check in less than ten days. The panel held that the ten-day waiting period is a reasonable safety precaution for all purchasers of firearms and need not be suspended once a purchaser has been approved. The panel determined that it need not decide whether the regulation was sufficiently longstanding to be presumed lawful. Applying intermediate scrutiny analysis, the panel held that the law does not violate plaintiff’s Second Amendment rights because the ten-day wait is a reasonable precaution for the purchase of a second or third weapon, as well as for a first purchase.</p>
  • Ninth Circuit Overturns ruling on Second Amendment Waiting Period

    12/20/2016 6:53:14 AM PST · by marktwain · 46 replies
    Gun Watch ^ | 16 December, 2016 | Dean Weingarten
    On 14 December, 2016, a three judge panel of the Ninth Circuit Court of Appeals reversed the District Court ruling in Silvester v. Harris.  In the original decision, the District Court ruled that requiring a gun owner who had already passed a background check, and who either already owned a registered gun or had a concealed carry permit, was an infringement on the Second Amendment right to keep and bear arms. The Ninth Circuit held that a 10 day waiting period was a "reasonable safety precaution".  From the decision at uscourts.gov(pdf): The panel reversed the district court’s bench trial...
  • 9th Court of Appeals - "No constitutional right to concealed carry"

    06/09/2016 11:02:03 AM PDT · by CedarDave · 113 replies
    NBC ^ | June 9,2016
  • Ninth Circuit Court: No Second Amendment Right to Conceal a Firearm

    06/09/2016 8:54:06 AM PDT · by jazusamo · 93 replies
    PJ Media ^ | June 9, 2016 | Liz Sheld
    The Ninth Circuit Court has upheld the ruling of the lower court in the Edward Peruta v. County of San Diego case and affirmed the Second Amendment does not include a right to conceal a firearm. The Peruta case challenged the legality of denying permits to conceal and carry a firearm unless the applicant for a permit has "good reason" to do so. A three-judge panel initially ruled that the San Diego County Sheriff's Department did not have the right to deny the permit. The case was subsequently heard by the entire Ninth Circuit Court and their decision was...
  • Second Amendment Victory: Court Protects Right to Sell Guns

    05/17/2016 8:54:22 AM PDT · by Kaslin · 7 replies
    PJ Media ^ | May 17, 2016 | Liz Shield
    The Ninth Circuit Court of Appeals has ruled that yes, there is a right to sell guns under the Second Amendment.The case involved the three owners of a proposed gun store in Alameda, CA, who were denied a zoning permit for their establishment. (The anti-gun fools are trying to use the building permit process in Arlington, VA, as well.)“If ‘the right of the people to keep and bear arms’ is to have any force, the people must have a right to acquire the very firearms they are entitled to keep and to bear,” wrote Judge Diarmuid F. O’Scannlain for the...
  • Ninth Circuit Court rules that Second Amendment is “not a second class right”

    05/17/2016 7:48:00 AM PDT · by rktman · 37 replies
    hotair.com ^ | 5/17/2016 | Jazz Shaw
    The plaintiffs in the case included three individuals who wanted to open a new gun store in Alameda County. They were joined by pro-Second Amendment groups: The Calguns Foundation, California Association of Federal Firearms Licensees, and the Second Amendment Foundation. “Today, the Court appropriately reminded the County that civil rights can’t be outlawed through piles of regulation. We look forward to securing Second Amendment rights through this case and many others to come,” concluded Brandon Combs, executive director of The Calguns Foundation. “We’re very happy to see the Court take a very principled and reasoned approach to protecting the fundamental,...
  • How long for the Peruta En Banc Process in California?

    02/09/2016 5:18:25 PM PST · by marktwain · 6 replies
    Ammoland ^ | 9 February, 2016 | Dean Weingarten
    Edward Peruta v. County of San Diego is a closely watched case in the Ninth Circuit Court of Appeals.  Originally, a three judge panel ruled that Sheriff’s did not have the authority to arbitrarily refuse to grant permits to most citizens who applied for them, invalidating the “good reason” excuse that Sheriffs were using.The case is particularly important because the panel ruled that there is a Constituitonal right to carry a gun outside of the home, and that government entities may not effectively ban the carry of firearms outside of the home for self defense.  At least one judge in...
  • U.S. top court declines request to revive Arizona immigration law

    06/01/2015 7:02:51 AM PDT · by Citizen Zed · 5 replies
    The Jamestown Sun ^ | 6-1-2015 | Chris Olson
    WASHINGTON - The U.S. Supreme Court on Monday left intact a ruling that struck down anArizona law that denied bail to illegal immigrants charged with certain felonies. The justices rejected an appeal filed by Maricopa County and its controversial sheriff, Joe Arpaio. Three of the court's conservative justices, Antonin Scalia, Clarence Thomas and Samuel Alito, said they would have heard the case. Four of the nine justices must agree to hear a case for the court to take it up. The court's action means the October 2014 ruling by the San Francisco-based 9th U.S. Circuit Court of Appeals, which said the 2006 law is unconstitutional, is the final word in the...
  • Supreme Court Weighs Review of San Francisco Gun Control Scheme

    05/15/2015 7:20:30 AM PDT · by marktwain · 8 replies
    Reason ^ | 14 May, 2015 | Damon Root
    <p>In its 2008 decision in District of Columbia v. Heller, the U.S. Supreme Court not only struck down Washington, D.C.'s handgun ban, it also struck down D.C.'s requirement that all firearms kept at home be "unloaded and dissembled or bound by a trigger lock or similar device." According to the majority opinion of Justice Antonin Scalia, the individual right secured by the Second Amendment voids such requirements because it protects the right of the people to keep a "lawful firearm in the home operable for the purpose of immediate self-defense."</p>
  • Ed Peruta Comments on the Peruta Case in the Ninth Circuit

    04/06/2015 5:52:35 AM PDT · by marktwain · 7 replies
    Gun Watch ^ | 6 April, 2015 | Dean Weingarten
    Ed Peruta initiated the lawsuit that became the Ninth Circuit Court case, Edward Peruta v. County of San Diego.  Not a lot has been written about the man who initiated the case with the potential to reform all the "may issue" concealed carry laws in the country.    Recently, Mr. Peruta wrote a comment about the Ninth Circuits decision to hear the case en banc.  I found the comment on a Hawaii publication.   Here it is.   From civilbeat.com: I have this comment regarding today's ruling from the Ninth Circuit: San Diego Sheriff Bill Gore has had the...
  • Breaking: Peruta to be Heard En Banc

    03/27/2015 7:26:26 AM PDT · by marktwain · 20 replies
    Gun Watch ^ | 27 March, 2015 | Dean Weingarten
    The commonsense ruling that the second amendment applies outside of the home in the Peruta court case in the Ninth Circuit will now be decided by a hearing of an en banc panel of the justices of the Circuit. Decided in favor of the plaintiff, procedural motions eventually led to a at least one judge calling for the en banc hearing, sua sponte.  Thought to be unlikely because of both the clear ruling and the rarity of en banc hearings, the Ninth none the less voted to hear the case en banc.  The notice of the vote was published...
  • Felony Conviction of Reid Contributor Upheld By Ninth Circuit

    01/27/2015 8:53:52 PM PST · by Nachum · 11 replies
    Daily Signal ^ | 1/27/15 | Hans von Spakovsky /
    In the midst of his recovery from a serious accident at his home in Nevada, Sen. Harry Reid (D-Nev.) has gotten some more bad news: the Ninth Circuit Court of Appeals has upheld the felony conviction of Harvey Whittemore, a big financial supporter of the senator. According to the Ninth Circuit’s opinion, which was released on Jan. 26, Whittemore is “a prominent attorney, developer and lobbyist who has long been active in Nevada politics and political fundraising.” In 2007, he was the chairman of “a holding company with significant interests in golf courses, land development, oil and gas properties, and...
  • Sua Sponte Process for En Banc in Peruta ( 2A Ninth Circuit Carry Outside the Home)

    12/12/2014 5:53:56 AM PST · by marktwain · 6 replies
    Gun Watch ^ | 10 December, 2014 | Dean Weingarten
    The Chart above is said to have been produced by michellawyers.com.  This is a screen shot of the pdf file.   I appreciate the work that went into producing this chart, especially as the timing is subject to change "for good cause" by the En Banc Coordinator at every step of the process.    I do not know if Judge Sidney Runyan Thomas is still the En Banc Coordinator.  The chart is said to have been produced in 2010, four years ago. Now that a Judge in the Ninth Circuit has called for the an En Banc review, sua sponte, this...
  • Judge on Ninth Circuit calls for vote on en banc review of Peruta

    12/07/2014 7:31:46 AM PST · by marktwain · 22 replies
    Gun Watch ^ | 5 December, 2014 | Dean Weingarten
    In the ongoing saga of Peruta v. County of San Diego, another procedural turn; a judge on the Ninth Circuit has called for a vote to determine if the Circuit will hear the case en banc.   This is a call for a vote to review the original decision, not to hear the appeal of the denial of the request to intervene by Attorney General Kamala Harris of California.  Here is the Order, from the pdf: Before: O’SCANNLAIN, THOMAS, and CALLAHAN, Circuit Judges.A judge of this Court having made a sua sponte call for a vote on whether this case...
  • CA: AG Kamala Harris Requests en banc Review of the Denial of her Request to Intervene in Peruta

    11/29/2014 12:25:32 PM PST · by marktwain · 4 replies
    Gun Watch ^ | 28 November, 2014 | Dean Weingarten
    On November 26, Kamala Harris, the AG of California, filed a request for an en banc review of the decision on 12 November to deny her request to intervene in the case.  From campaign-archive1.com  (Michel & Associates): The AG’s latest request to the court comes after the court denied the AG’s and several gun ban advocacy groups’ requests to join the case once they learned Sheriff Gore had decided not to appeal the case any further.  The anti-gun rights groups have also filed a similar request for en banc review of the Ninth Circuit's denial of their requests to...
  • Peruta Denied En Banc; Shall Issue for Ninth Circuit Upheld

    11/12/2014 1:47:31 PM PST · by marktwain · 19 replies
    Gun Watch ^ | 13 November, 2014 | Dean Weingarten
    Peruta is the seminal right to carry outside the home case that was decided on February of 2014.   The case was decided against Sheriff Gore of San Diego County, and San Diego County.   The Sheriff and the County declined to appeal to the full Ninth Circuit for an en banc hearing.   The AG for California, applied to be granted the ability to intervene for the state, to ask for a en banc hearing. Today, 12 November, 2014, the Ninth Circuit denied the motions to intervene, thus denying requests for an en banc hearing for the decision.   Therefore, Peruta stands...
  • Fed Up With Govt Misconduct, Federal Judge Takes Nuclear Option

    10/19/2014 7:17:58 AM PDT · by right-wing agnostic · 37 replies
    New York Observer ^ | October 15, 2014 | Sidney Powell
    In perhaps the most stunning documentation yet of abuses by Eric Holder’s Justice Department, two former Assistant United States Attorneys spoke to defense attorneys and revealed appalling deceit and corruption of justice. This latest litigation time bomb has exploded from multi-million dollar litigation originally brought by the Department of Justice against Sierra Pacific based on allegations that the lumber company and related defendants were responsible for a wildfire that destroyed 65,000 acres in California. In what was dubbed the “Moonlight Fire” case, the tables are now turned. The defendants have discovered new evidence and filed a stunning motion. The new...
  • Stunning federal corruption case moving forward with almost no media attention

    10/19/2014 11:14:42 AM PDT · by afraidfortherepublic · 36 replies
    The American Thinker ^ | 10-19-14 | Thomas Lifson
    Corrupt federal prosecutors presenting false evidence in order to shake down a blameless corporation and bring in tens of millions of dollars seems like a pretty dramatic story. Especially when former prosecutors support the charge and a chief judge acts on the allegations and takes dramatic action. Yet the media silence is deafening. Eric Holder’s Justice Department is implicated in a dramatic and shocking case of alleged corruption that is so bad that the Chief Judge of the Eastern District of California has taken what can rightly be called the “nuclear option” and recused all the judges in the district...
  • 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.
  • Ninth Circuit Upholds Ban On U.S. Flag Shirts

    09/29/2014 7:12:03 AM PDT · by raptor22 · 31 replies
    Investor's Business Daily ^ | September 29, 2014 | IBD EDITORIALS
    Rights: A Ninth Circuit Court ruling that students can't wear American flag T-shirts because they may offend Mexican students celebrating Cinco de Mayo is a ridiculous yet dangerous assault on the First Amendment. On Sept. 17, more than four years after Live Oak High School in Morgan Hill, Calif., sent students home for wearing American flag t-shirts, an 11-judge Ninth Circuit Court of Appeals panel ruled that it was the right choice, "tailored to avert violence and focused on student safety." The decision upheld the court's three-judge ruling in February that justified the school's actions based on tensions between Mexican...
  • 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...