Free Republic

On September 28, an en banc panel from the Ninth Circuit grabbed control of the Duncan v. Bonta. The magazine ban case in a stunning departure from the usual order of the court. It may or may not have violated the rules of the court. Several of the judges on the panel were not happy. Four judges of the eleven-judge panel dissented. Of particular interest was the dissent of Judge VanDyke.The honorable Judge VanDyke revealed a history of internal shenanigans when the en banc panel first took the case. Judge VanDyke aired some of the Ninth Circuit’s dirty laundry. The...

The Ninth Circuit Court of Appeals overruled a lower court decision to block Idaho’s abortion ban Thursday, according to court documents. U.S. District Court Judge for the District of Idaho B. Lynn Winmill, who was appointed by former President Bill Clinton, ruled in August that the law could stop doctors from referring patients to abortion clinics in other states in an emergency due to fear of prosecution. A panel of judges appointed by former President Donald Trump, however, determined that the state’s case to uphold the ban was likely to succeed and that for the time being “public interest is...

The speaker of the House election appears headed for a tenth vote as Leader Kevin McCarthy (R-CA) and his allies continue to huddle with the 20 holdouts in his party throughout Thursday's votes. The same group of GOP lawmakers that have been voting against McCarthy since Tuesday are blocking his candidacy on the ninth ballot. The only changes to yesterday's votes compared to the most recent round come from McCarthy foes Lauren Boebert (R-CO), Josh Brecheen (R-OK), and Rep. Matt Gaetz (R-FL), who voted for Rep. Kevin Hern (R-OK). Gaetz (R-FL) had voted for former President Donald Trump on the...

U.S.A. –-(AmmoLand.com)- 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...

U.S.A. –-(AmmoLand.com)- On April 27th, 2021, a three-judge panel of the Ninth Circuit Court of Appeals found, in a split decision, that Judge Lasnik of Washington State did not have the authority to issue a preliminary injunction preventing a final rule change in the Department of State and Department of Commerce from taking effect. From the decision:R. NELSON, Circuit Judge:The U.S. Department of State (“DOS”) and Department of Commerce appeal the district court’s order granting the motion of 22 states and the District of Columbia to enjoin DOS’s final rule removing 3D-printed guns and their associated files from the U.S....

On 24 September 2020, the Ninth Circuit Court of Appeal heard the oral arguments in a virtual en banc panel to re-hear the case. The three-judge panel had held the Hawaii law violated the Second Amendment of the Constitution because it did not allow ordinary citizens a way to bear arms outside of the home for self-defense.Screen shot of virtual hearlng of the en banc panel of the Ninth Circuit in Young v. Hawaii. Cropped and scaled by Dean Weingarten The Ninth Circuit has established a tradition of re-hearing cases favorable to the Second Amendment and not re-hearing cases which...

On 2 April, 2020, a three-judge panel from the Ninth Circuit heard oral arguments in the Duncan v. Becerra case. The District Court had decided the outright ban of magazines with a capacity of more than 10 rounds violated the Second Amendment. The opinion, by Judge Roger T. Benitez, was brilliant and extremely well written. The video lasts over an hour, with strong questioning by the judges. Judge Consuelo Callahan presides and does most of the questioning. Judge Kenneth K. Lee asks some pointed questions, and Judge Barbara M. Lynn asks a few questions.The appealing attorney for the State of...

WASHINGTON (CN) – President Donald Trump announced six new judicial nominees on Friday, including two to seats on the once reliably liberal Ninth Circuit and four to federal courts in California. One of the nominees to the Ninth Circuit will be familiar to senators, as Trump has now three times chosen Patrick Bumatay for a federal judgeship. Trump first chose Bumatay, a prosecutor in the Southern District of California, for a seat on the Ninth Circuit in 2018, but the Senate never took action on the nomination. Trump tapped him for a judgeship again earlier this year, this time for...

Green Semidouble THE LAMENTATION over Jerusalem’s woes is, in the Western Church, the subject of today’s Gospel; and it gave its name to this ninth Sunday after Pentecost, at least among the Latins. We have already observed that it is easy to find, even in the Liturgy as it now stands, traces of how the early Church was all attention to the approaching fulfillment of the prophecies against Jerusalem, that ungrateful City, upon which our Jesus heaped his earliest favors. The last limit put by mercy upon justice has, at length, been passed. Our Lord, speaking of the ruin...

A federal appeals court ruled Wednesday in favor of 21 children and young adults suing the U.S. government for not doing enough to protect their constitutional right to a stable climate. The Ninth Circuit Court of Appeals judges refused to grant mandamus relief and block the U.S. District Court in Oregon from hearing the suit, which was originally filed by the environmental group Our Children’s Trust in 2015. A federal judge in Oregon ruled in 2016 the 21 youngsters had standing to sue. President Donald Trump’s administration and oil and gas groups appealed the decision in June 2017. They asked...

In a decision that is shockingly sensible, a three judge panel of the notorious Ninth Circuit Court of Appeal in San Francisco has ruled that illegal immigrant children are not entitled to free legal representation, funded by taxpayers, in trying to legalize their status. Maura Dolan writes in the Los Angeles Times: A three-judge panel of the U.S. 9th Circuit Court of Appeals upheld an immigration judge's decision to deny asylum to a minor identified as C.J.L.G., who left Honduras at age 13 after being threatened by gangs. The boy did not have a lawyer, and his mother was unable...

Using taxpayer funds, government officials in Orange County have spent the last 16 years arguing the most absurd legal proposition in the entire nation: How could social workers have known it was wrong to lie, falsify records and hide exculpatory evidence in 2000 so that a judge would forcibly take two young daughters from their mother for six-and-a-half years? From the you-can't-make-up-this-crap file, county officials are paying Lynberg & Watkins, a private Southern California law firm specializing in defending cops in excessive force lawsuits, untold sums to claim the social workers couldn't have "clearly" known that dishonesty wasn't acceptable in...

MONTOURSVILLE, Pa. — Another potential victim has contacted authorities in the child sexual abuse investigation of former Penn State defensive coordinator Jerry Sandusky, a state police criminal investigation supervisor said Tuesday. The man, now an adult, contacted the department on Sunday after seeing media accounts of Sandusky's arrest, Lt. David Young at the Montoursville station said. Young said investigators took a statement from him and forwarded it to the Rockview station for officers there to pursue. The Patriot-News of Harrisburg, which first reported that the man had come forward, said he is in his 20s, knew Sandusky from The Second...

 Year ThreeObama's One Hundred and Ninth Week in OfficeThe List" for 2/24/2011It's 3 a.m. and nobody's there...Why did U.S. use a catamaran that can't sail in rough seas to evacuate hundreds of Americans? The U.S. government came under fire today for chartering a rescue boat for Americans stuck in Libya that is too small to cope with the rough Mediterranean seaTeam Obama Leaves Americans Stranded in Libya; Military still on StandbyNew White House press secretary says Libya crisis not about Muammar QadhafiThe Most un-Ethical AdministrationObama Earmarked $400K For Two Libyan Charities Run by Gaddafi’s ChildrenNew Soros investment fund, profiting off...

The problem with putting the Ninth Amendment into effect today is that many no longer appreciate the Natural Rights that the Constitution's framers took for granted. Amendment IX: “The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.” There is little, if any, question that the rights retained by the people refer, at least in part, to what are called "Natural Rights" 11—that is, the rights people have independent of those they are granted by a government and by which the justice of governmental action is to be judged....

Obama's Ninety Ninth Week in OfficeThe List" for 12/16/2010The White House on Thursday said the controversial field of synthetic biology, or manipulating the DNA of organisms to forge new life forms, poses limited risks and should be allowed to proceedObamanomics: Grocery prices grew by more than 1 1/2 times the overall rate of inflation this yearObama DHS Walmart Informant Program Quietly Expanding into the Trucking IndustrySnub for Obamas as Royal sources reveal they will not be invited to Prince William's weddingU.S. Attorney General: Martin Luther King Father Of Environmental Justice MovementObama may try an 'end around' on the court ruling...

Obama's Eighty Ninth Week in Office"The List" for 10/07/2010 " VIDEO: Obama heckler at Bowie State University- "You're a liar"VIDEO: Obama Implores Supporters, “Don’t Make Me Look Bad” in Midterm Elections Obama Says Chamber of Commerce Using Foreign Funds to Influence US ElectionsCuba, Bahamas push ahead with offshore oil plans, Obama silentObama illegally uses 'Pocket Veto' while the Senate is still in sessionGOP takeover of Congress would mean 'hand-to-hand combat,' Obama warnsA senior diplomatic source in Jerusalem said Thursday that there is “no chance” that Obama would consent to renewed settlement construction in two months' time, even if Israel consents...

Obama's Seventy Ninth Week in OfficeThe JournoListThe List" for 7/29/2010  Obama was behind British Prime Minister Cameron's attack on IsraelAmnesty Memo: According to an internal U.S. Citizenship and Immigration Services memo going the rounds of Capitol Hill and obtained by National Review, the agency is considering ways in which it could enact “meaningful immigration reform absent legislative action” Is the Jacob Lew story, a tale of corruption?At a briefing today to discuss the administration’s efforts to rescue the auto industry, White House press secretary Robert Gibbs took on conservative radio host Rush Limbaugh—and every other critic “sitting in the cheap...

For the Jewish community, the election of Barack Obama has presented a major dilemma. The candidate they voted for is not the president they got, especially when it comes to Israel. Even if you could conjure up the ghost of John Foster Dulles, you could not find an administration more hostile to the Jewish state and more unconcerned about the anti-Semitic fallout from pursuing policies based on antipathy to Israel. Obama’s antagonism toward Israel has been eloquently addressed by such leading Democratic figures as former New York City Mayor Ed Koch and legal scholar Alan Dershowitz. Recently, actor Jon Voigt,...

Obama's Fifty Ninth Week in Office"The List" for 3/11/2010 VIDEO: White House spokesman Gibbs- Sees no reason why Supreme Court Justices should be "uncomfortable" with Obama's State of the Union attackJoe Biden leaves, Israeli airstrikes resume in GazaWhite House: Indonesia is not a vacationObama will not attend the exclusive Gridiron Club Dinner (for the second year in a row) because of a scheduled trip overseas, White House aides say.What Biden told Netanyahu behind closed doors: "This is starting to get dangerous for us"The Senate Parliamentarian has ruled that President Barack Obama must sign Congress’ original health care reform bill before...