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Keyword: 9thcircuit

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  • Court: California's Under-21 Gun Sales Ban Unconstitutional

    05/12/2022 7:54:04 AM PDT · by Navy Patriot · 14 replies
    Newsmax ^ | May 11, 2022
    A U.S. appeals court ruled Wednesday that California's ban on the sale of semiautomatic weapons to adults under 21 is unconstitutional. In a 2-1 ruling, a panel of the San Francisco-based 9th U.S. Circuit Court of Appeals said Wednesday the law violates the Second Amendment right to bear arms and a San Diego judge should have blocked what it called "an almost total ban on semiautomatic centerfire rifles" for young adults.
  • US appeals court rules California's under-21 gun sales ban is unconstitutional

    05/11/2022 3:08:01 PM PDT · by Deo volente · 21 replies
    EyewitnessNews7 ^ | May 11, 2022 | Brian Melley
    LOS ANGELES -- A U.S. appeals court ruled Wednesday that California's ban on the sale of semiautomatic weapons to adults under 21 is unconstitutional. In a 2-1 ruling, a panel of the San Francisco-based 9th U.S. Circuit Court of Appeals said Wednesday the law violates the 2nd Amendment right to bear arms and a San Diego judge should have blocked what it called "an almost total ban on semiautomatic centerfire rifles" for young adults.
  • California under-21 gun sales ban ruled unconstitutional by US appeals court (9th Circuit)

    05/11/2022 8:23:09 PM PDT · by bitt · 17 replies
    foxnews ^ | 5/11/2022 | louis casiano
    The 9th U.S. Circuit Court of Appeals, however, ruled that a hunting license requirement for purchases of rifles or shotguns by adults under 21 who are not in the military or law enforcement was reasonable A U.S. appeals court on Wednesday ruled that California's ban on the sale of semiautomatic weapons to adults under 21 is unconstitutional, a move gun-rights advocates hope will pave the way for similar rulings in other courts. The San Francisco-based 9th U.S. Circuit Court of Appeals said the law violates the Second Amendment and that a San Diego judge should have blocked what is called...
  • Jimmy Carter says court ‘misinterpreted’ environmental law he signed

    05/10/2022 1:57:02 PM PDT · by ChicagoConservative27 · 19 replies
    The hill ^ | 05/10/2022 | Rachel Frazen
    Former President Carter is taking the rare step of weighing in on judicial proceedings, saying that an appeals court is misinterpreting a conservation law he signed. On Monday, Carter filed a briefing chastising a ruling that upheld a Trump-era decision to build a road through a national wildlife refuge in order to enable medical evacuations nearby.
  • Appeals court says US downplayed coal mine’s climate impacts

    04/05/2022 11:43:58 AM PDT · by Oldeconomybuyer · 16 replies
    The Associated Press ^ | April 5, 2022 | By MATTHEW BROWN
    BILLINGS, Mont. (AP) — U.S. officials improperly downplayed the climate change effects from burning coal when they approved a large expansion of an underground Montana coal mine that would release an estimated 190 million tons of greenhouse gasses into the atmosphere, a court ruled. The 9th U.S. Circuit Court of Appeals said in a 2-1 ruling that Interior Department officials “hid the ball” during the Trump administration, by failing to fully account for emissions from burning the fuel in a 2018 environmental analysis. A judge previously ruled against the disputed expansion of Signal Peak Energy’s Bull Mountain mine in 2017,...
  • 9th Circuit lifts 90-day ban at geothermal plant in Nevada

    02/08/2022 2:48:14 PM PST · by Oldeconomybuyer · 12 replies
    The Associated Press ^ | February 8, 2022 | By SCOTT SONNER
    RENO, Nev. (AP) — A federal appeals court has lifted a temporary ban on construction of a Nevada geothermal power plant opposed by a tribe and conservationists who say the site is sacred and home to a rare toad being considered for endangered species protection. U.S. District Judge Robert C. Jones in Reno had granted the 90-day injunction last month sought by opponents of Ormat Technologies’ Dixie Meadows project at the high-desert site bordering wetlands fed by hot springs east of Fallon. A two-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco issued a one-page ruling...
  • Ninth Circuit Trump Appointed Judge Lampoons His Entire Circuit Over Its Treatment of the Second Amendment

    01/25/2022 6:32:55 AM PST · by rktman · 13 replies ^ | 1/24/2022 | streiff
    As a rule, few things are less likely to be the source of humor than court decisions. Sometimes there are excellent puns or low-key snark, but you don’t find belly-laugh material. Usually. Last Friday, a panel of the Ninth Circuit published a decision on a complaint arising from Ventura, California, that covered both the COVID panic and the Second Amendment. During the height of the COVID panic, that county ordered firing ranges, and gun shops closed. Presumably, this is because the Wuhan virus has a particular affinity for recreational venues. Several groups and individuals sued to overturn the order as...
  • A Federal Judge's Satirical Opinion Highlights Disrespect for the Second Amendment

    01/26/2022 5:46:04 AM PST · by Kaslin · 2 replies ^ | January 26, 2022 | Jacob Sullum
    In one opinion published last week, 9th Circuit Judge Lawrence VanDyke said Ventura County, California, violated the Second Amendment when it shut down gun stores early in the COVID-19 pandemic. In another opinion the same day, VanDyke said the county's policy was perfectly consistent with the constitutional right to keep and bear arms. That second, tongue-in-cheek opinion was meant to illustrate the disrespect that the 9th Circuit and other federal appeals courts have shown for the Second Amendment since 2008, when the Supreme Court explicitly recognized that the provision guarantees an individual right to armed self-defense. The Court may finally...
  • Ninth Circuit Issues Stay Freezing CA High-Capacity Mag Ban

    12/23/2021 5:15:37 AM PST · by CFW · 19 replies
    SwiftHeadlines ^ | 12/23/2021 | Dan Neff
    The United States Court of Appeals for the Ninth Circuit issued a stay Tuesday which prevents the enforcement of California’s “large-capacity” magazine ban while an appeal is made to the Supreme Court.
  • Ninth Circuit Sides with Seminary, Rules It Can Use ‘Religious Exemption’ to Expel Grad Students in Same-Sex Marriages

    12/15/2021 9:33:22 PM PST · by blueplum · 16 replies
    Law and Crime ^ | 14 December 2021 | ELURA NANOS
    The U.S. Court of Appeals for the Ninth Circuit sided with a California seminary on Monday, ruling that it is entitled to ignore federal anti-discrimination law and expel students in same-sex marriages. Graduate students Nathan Brittsan and Joanna Maxon... sued the seminary, claiming that Fuller Theological Seminary accepts federal funding and is therefore bound by Title IX’s anti-discrimination mandate. In turn, the school argued that it is entitled to a defense based on what is known as the “religious exemption” under 20 U.S.C. § 1681(a)(3). ...
  • Appeals court sides with GOP in Arizona voting rules case

    12/08/2021 5:46:53 PM PST · by hsmomx3 · 3 replies
    Fox10 ^ | 12/08/21 | Jonathan J. Cooper
    PHOENIX (AP) — A federal appeals court ruled Wednesday that Arizona doesn’t have to give voters who forget to sign their mail ballot time after the election to resolve the issue, rejecting a lawsuit filed by Democrats. The 9th U.S. Circuit Court of Appeals, in a 2-1 decision, overturned a lower-court ruling that found it’s unconstitutional for Arizona to give voters time after an election to resolve mismatched signatures but not missing signatures. The appellate judges said Arizona’s interest in reducing the burden on busy poll workers justifies the disparity. The overwhelming majority of Arizona voters cast mail ballots, which...
  • Ninth Circuit En Banc Panel: CA can Ban Magazines over 10 Rounds

    12/08/2021 4:17:34 AM PST · by marktwain · 42 replies
    AmmoLand ^ | Decomber 1, 2021 | Dean Weingarten
    U.S.A. –-( The Ninth Circuit Court of Appeals has reversed the three-judge panel decision in Duncan v. Becerra, the ban on magazines that hold over 10 rounds. The opinion was released on November 30, 2021.Update: The case nomenclature has changed from Duncan v. Becerra to Duncan v. Bonta, because of the change in the California Attorney General.At the end of March, in 2019, Judge Roger T. Benitez wrote a well-reasoned opinion that found the California ban on magazines of over 10 rounds to be an unconstitutional infringement on the Second Amendment right to keep and bear arms. The case was...
  • Lindsey Graham and Lisa Murkowski Give Free Pass to Controversial Judicial Nominee

    10/22/2021 1:26:09 PM PDT · by cotton1706 · 25 replies ^ | 10/22/21 | Ed Whelan
    Senator Dianne Feinstein was absent from the Senate yesterday, so Senate Republicans had the votes to defeat the cloture motion on controversial Second Circuit nominee Myrna Perez, director of the left-wing Brennan Center for Justice. Had Republicans stuck together, they would have defeated the motion by a vote of 50 to 49. Instead, Senators Lindsey Graham and Lisa Murkowski voted for cloture, giving Perez a 51-48 margin and paving the way for her confirmation. I’m reliably informed that Graham has not voted against cloture or against final confirmation of a single Biden judicial nominee. Indeed, Graham’s vote in committee yesterday...
  • Appeals court tosses order aimed at protecting immigration detainees from COVID-19

    10/21/2021 12:44:52 AM PDT · by blueplum · 3 replies
    LA Times via msn ^ | 20 October 2021 | Maura Dolan
    A federal appeals court decided 2-1 Wednesday to overturn a nationwide order requiring federal immigration authorities to monitor and possibly release detainees at high risk of dying or suffering long-term complications from COVID-19. A three-judge panel of the U.S. 9th Circuit Court of Appeals said a Riverside-based federal district judge overreached when he issued a preliminary injunction in April, 2020 requiring the government to identify and track immigration detainees with certain health risks and establish directives for release during the pandemic.... ...In court filings, ICE argued that concern about detainees contracting the virus amounted to "mere speculation” and releasing large...
  • Supreme Court sides with police in pair of 'qualified immunity' cases

    10/18/2021 9:24:55 AM PDT · by RandFan · 26 replies
    The Hill ^ | 10/18/21 11:41 AM EDT | BY JOHN KRUZEL
    The Supreme Court on Monday sided with law enforcement in a pair of cases that implicated “qualified immunity,” the controversial legal doctrine that gives police broad protection from lawsuits. In a pair of unsigned summary rulings issued without noted dissent, the justices reversed two federal appeals courts that had permitted excessive force lawsuits to proceed against officers in separate cases arising from California and Oklahoma. The justices ruled the officers should be granted qualified immunity, which shields government officials from liability unless it is proven they violated a “clearly established” right, a difficult legal hurdle. Both lawsuits dealt with police...
  • Grassley commends Korean American judicial nominee for 'hard work ethic' of 'you and your people'

    10/07/2021 2:48:38 AM PDT · by RandFan · 11 replies
    The Hill ^ | 10/06/21 05:49 PM EDT | BY CAROLINE VAKIL
    Sen. Chuck Grassley (R-Iowa) is facing criticism after congratulating a Korean American judicial nominee on Wednesday, commenting on the “hard work ethic” of “you and your people.” “What you said about your Korean background reminds me a lot of what my daughter-in-law of 45 years has said: ‘If I learned anything from Korean people, it’s a hard work ethic. And how you can make a lot out of nothing,’ ” the 88-year-old told judicial nominee Lucy Koh on Wednesday. “So I congratulate you and your people,” he added. Koh thanked the senator following the comments. Grassley, who is running for...
  • Feds not liable for ranger’s stolen gun used in pier shooting (Kate Steinle)

    08/24/2021 2:33:41 PM PDT · by aimhigh · 29 replies
    CourtHouse News Service ^ | 08/24/2021 | NICHOLAS IOVINO
    The U.S. government can’t be held liable for the death of Kate Steinle on a San Francisco pier based on a federal ranger’s negligent storage of a gun that was stolen and used to shoot her, a Ninth Circuit panel ruled Tuesday.Steinle was killed by a bullet that ricocheted off a concrete walkway and struck her in the back on Pier 14 in San Francisco on July 1, 2015. . . . In arguments before a three-judge Ninth Circuit panel last month, a lawyer for Steinle’s parents argued U.S. Bureau of Land Management (BLM) ranger John Woychowski had a duty...
  • 9th Circuit Denies En Banc Review Of Football Coach's Challenge To Dismissal For On-Field Prayer

    07/23/2021 6:42:37 PM PDT · by marshmallow · 4 replies
    Religion Clause ^ | 9/20/21 | Howard Friedman
    In Kennedy v. Bremerton School District, (9th Cir., July 19, 2021), the U.S. 9th Circuit Court of Appeals rejected a sua sponte request for a rehearing en banc in the case of a high school football coach who insisted on prominently praying at the 50-yard line immediately after football games. A 3-judge panel upheld upheld a Washington state school board's dismissal of the coach. (See prior posting.) The denial of the rehearing however generated six concurring and dissenting opinions and statements spanning 92 pages, reflecting sharp differences. Judge Smith's opinion concurring in the denial of review says in part: Unlike...
  • Supreme Court dumps border wall funding case

    07/02/2021 8:29:41 AM PDT · by Red Badger · 14 replies ^ | by Nicholas Rowan, Staff Writer | | July 02, 2021 10:25 AM
    The Supreme Court on Friday rejected an appeal from former President Donald Trump to rule against funding used for the wall along the southern border. In an unsigned order, the court sent the case back to the U.S. Court of Appeals for the Ninth Circuit with instructions to vacate its judgments. It also instructed a district court in the case to "consider what further proceedings are necessary and appropriate in light of the changed circumstances in this case," namely that Trump is no longer president. SUPREME COURT SUSPENDS TRUMP BORDER WALL CASE The case, Trump v. Sierra Club, frequently made...
  • Supreme Court Rules Against Union Organizers’ Access to California Farms

    06/23/2021 9:20:53 AM PDT · by Stravinsky · 16 replies
    WSJ ^ | June 23, 2021 | Jess Bravin
    The Supreme Court struck down a California regulation granting union organizers access to farmworkers on agricultural fields, ruling Wednesday that the 1975 measure violated growers’ private-property rights. The decision, by a 6-3 vote along the court’s conservative-liberal divide, erases a major victory that Cesar Chavez’s farmworker movement achieved in the 1970s, when they argued the nature of agricultural labor made it too difficult to reach workers outside the fields.