Keyword: ninthcircuit
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Here's your daily update from the Pacific Northwest đ Caleb "Haven" Wilvich is a man who likes to wear dresses. Imagine this guy strutting naked around women with the blessing of America's courts: Two years later, a U.S. federal court of appeals has upheld the lower court's ruling that the spa must allow this man to be naked around naked women on their premises. In his dissent, Trump-appointed Judge Kenneth Lee said this: Now, under edict from the state, women â and even girls as young as 13 years old â must be nude alongside patrons with exposed male genitalia...
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March 26 (Reuters) - A U.S. appeals court on Wednesday refused to pause a judge's ruling requiring the administration of President Donald Trump to reinstate more than 17,000 workers at six agencies who lost their jobs as part of Trump's purge of the federal workforce. A 2-1 panel of the San Francisco-based 9th U.S. Circuit Court of Appeals said the Trump administration had failed to establish a federal judge erred by finding that agencies likely could not fire workers at the direction of the U.S. Office of Personnel Management, the human resources department for the federal government. The Trump administration...
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The most liberal circuit court in the country delivered a surprise victory to the Trump Administration today. As Politico reported, a three judge panel for the 9th Circuit Court of Appeals blocked an order by a district court judge in Seattle that would have forced the Trump Administration to restart refugee admissions. Trump can now continue with his pause on all new refugee admissions. Politico notes that the administration must still process refugees approved before January 20. The ruling notes that Trumpâs executive order had nothing to do with those refugees. Bill Clinton and Joe Biden appointed two of the...
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A federal appeals court has ruled that a church cannot sue Washington state over a law that requires most employers to have healthcare insurance plans that cover abortions. A three-judge panel of the 9th U.S. Circuit Court of Appeals ruled 2-1 last Thursday against a lawsuit brought by Cedar Park Assembly of God of Kirkland against former Gov. Jay Inslee and Washington Insurance Commissioner Myron Kreidler over Washington's Reproductive Parity Act. Circuit Judge Susan Graber, a Clinton appointee, authored the majority opinion, writing that the church lacked the standing to sue because "Washington's conscientious objection statute exempts employers like Plaintiff...
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A three-judge panel on the Ninth Circuit Court of Appeals ruled that the federal government has the authority to deport illegal immigrants even if local leaders try to impede the process. The case arose after King County Executive Dow Constantine issued an executive order in 2019 that instructed county officials to prohibit âfixed base operatorsâ (FBO) on a county airfield from servicing flights chartered by Immigration and Customs Enforcement (ICE) to deport illegal immigrants who are lawfully removable. FBOâs âlease space from the airport and provide flights with essential services, such as fueling and landing stairs,â according to the ruling.The...
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The federal government has the authority to deport foreign nationals in the U.S. illegally over the objection of local authorities, a panel of three judges on the Ninth Circuit Court of Appeals unanimously ruled. The 29-page ruling was written by Judge Daniel Bress, with judges Michael Hawkins and Richard Clinton concurring. At issue is an April 2019 executive order issued by King County Executive Dow Constantine, which directed county officials to prohibit fixed base operators on a county airfield near Seattle from servicing U.S. Immigration and Customs Enforcement charter flights used to deport illegal foreign nationals. Constantineâs order prohibited King...
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The Ninth Circuit has long been the left-most federal appellate court in the United States. However, the day after Thanksgiving, the Ninth Circuit issued a decision that must have made President-elect Donald Trump very happy: It concluded that the Supremacy Clause means what it says, namely, that when it comes to the border, local political bodies cannot use regulations governing private parties to override the federal governmentâs supremacy on immigration matters. United States v. King County revolved around Boeing Field, an airport in King County, Washington (i.e., the Seattle area). In 1941, King County conveyed the field to the U.S....
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It was back in 2021 when the Los Angeles Times reported on how "far-right rage over transgender rights at an L.A. spa led to chaos in the streets." Those transgender rights included the right for a biological male to expose himself to young girls in the women-only section of Wi Spa in Los Angeles, and the chaos in the streets came from Antifa. As it turns out, the "woman" whose rights were being denied was a registered sex offender and was arrested after more than 15 months on the run from five felony counts of indecent exposure. Now, Seattle's Jason...
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A federal appeals court has ruled the Department of Education improperly rejected Grand Canyon Universityâs switch from for-profit to nonprofit status, granting a key point in the Christian schoolâs appeal of a record fine. A unanimous three-judge panel of the 9th U.S. Circuit Court of Appeals issued the decision Friday. It overturned a 2022 summary judgment by a lower court because the department failed to apply a relevant federal law to the Phoenix campus. The Education Department denied the nonprofit status in 2019, arguing it would enrich the for-profit company that previously owned GCU, even though the IRS and state...
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A bill signed into law this week by California Governor Gavin Newsom may signal the beginning of the end of a decades-long dispute between the Museo Thyssen-Bornemisza in Madrid and the heirs of a Jewish collector over the rightful ownership of a work sold under duress during the Nazi regime. In 1939, Lilly Cassirer Neubauer was forced to sell an 1897 oil by Camille Pissarro to a Nazi art appraiser in order to flee Germany before the impending war. According to court documents, the Pissarro, titled Rue Saint-Honoré in the Afternoon, Effect of Rain, fetched only $360 (modern USD). The...
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An appeals court on Friday overturned the conviction and life sentence of a man found guilty of killing a U.S. Border Patrol agent whose death exposed the botched federal gun operation known as âFast and Furiousâ has been overturned, a U.S. appeals court said Friday. The 9th U.S. Circuit Court of Appeals vacated the convictions of Heraclio Osorio-Arellanes, saying his constitutional due process rights had been violated, and sent the case back to the U.S. District Court in Arizona for further proceedings. Osorio-Arellanes was sentenced in 2020 in the Dec. 14, 2010, fatal shooting of Agent Brian Terry while he...
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Voters in Arizona who register with the state and do not provide proof of citizenship will be rejected. "This is a victory for election integrity in Arizona. Only U.S. citizens should be allowed to vote in our elections. It sounds like common sense, but the radical left elected officials in our state continue to reject this notion, disrespecting the voices of our lawful Arizona voters. We are grateful the court is upholding this provision in our law, and it's time for Congress to take action to ensure only lawful U.S. citizens are voting in federal races."
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The COVID shot was put on trial in the United States Court of Appeals for the Ninth Circuit, and coming from California the result might surprise you. Three of four judges agree it was never a âtraditional vaccineâ and therefore could not legally be mandated. The case was against the Los Angeles Unified School District (âLAUSDâ) that ârequired employees to get the COVID-19 vaccination or lose their jobs.â While this case was making its way thru the courts, LAUSD was playing Hokey-Pokey with their policy on âvaccinationâ which didnât play well in their litigation strategy, as it allowed the case...
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Four innocent hostages brought home, and a legal blow against presumptuous government action. In a daring feat masterfully executed, the Israeli Defense Force rescued four of the hostages in Gaza. Most touching of all was the rescue of Noa Argamani, whose mother is dying of brain cancer, who had prayed sheâd be reunited with her daughter before she died. The hostages had been held by private citizens in two separate apartments 200 feet apart within the central market of Nuseirat in Gaza and the rescuers had to stage a difficult simultaneous operation to free them. They operated under heavy fire...
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A DEA agent accused of killing a cyclist in Salem while on duty had his case presented before a federal appeals court today in Seattle. At the center of todayâs hearing was whether the agent could claim immunity from state prosecution because he was an on-duty federal agent. On March 28, 2023, Marganne Allen was riding her bike home from work in southeast Salem. Video from that day shows a black pickup truck running a stop sign moments before striking and killing the cyclist.
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On Thursday a three-judge panel from the United States Court of Appeals for the Ninth Circuit decided that Steven Duarte, a felon, has a âright to possess a firearm for self-defense.â Courthouse News Service noted Duarte has five felony convictions and was a member of a street gang in Los Angeles. The decision upholding Duarteâs gun rights was split, with George W. Bush appointee Carlos Bea and Donald Trump appointee Lawrence VanDyke deciding in the majority. Bea wrote the majority opinion, noted the panel tested the prohibition against felons possessing guns in light of Bruen (2022) and found the government...
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On March 11, 2024, Judge William Q. Hayes of the United States District Court, Southern District of California, granted a summary judgement in the case of Nguyen V. Bonta. The case is a challenge to Californiaâs one gun a month law. Judge Hayes ruled the law violated the text of the Second Amendment and there were no reasonable analogies in the relevant legal history of the United States. Judge Hayes granted one month for an appeal to be filed to the Court of Appeals for the Ninth Circuit. The case was sent to a three judge panel of the Ninth...
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Today a unanimous panel of the U.S. Court of Appeals for the Ninth Circuit granted the U.S. Department of Justice's petition for a writ of mandamus seeking dismissal of Juliana v. United States, the so-called "Kids Climate Case." The brief order was short and direct. It noted that the Ninth Circuit had previously concluded that the plaintiffs lacked standing and ordered the case dismissed. Contrary to the plaintiffs' claims, no intervening decisions changed that fact, and that there was no basis for the district court to allow the plaintiffs to amend the complaint. This decision should not have been a...
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We have often discussed how cities and universities will use the threat of protests to block or shutdown free speech, particularly of conservative speakers or groups. We now have a major decision out of the United States Court of Appeals for the Ninth Circuit that could prove an important precedent in resisting the growing anti-free speech movement in the United States. In Meinecke v. City of Seattle, the court ruled against Seattle in a case involving the arrest of a pro-life protester. Matthew Meinecke was harassed by Antifa and other counterprotesters, but police arrested Meineche when he refused to yield...
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On December 20, 2023, US District Judge Cormac J. Carney issued an order granting a preliminary injunction against the defendants (the State of California government). The injunction stopped the state from enforcing the blatantly unconstitutional SB-2 law declaring most of California as âsensitive placesâ where even licensed concealed carriers were forbidden to carry arms in public. The state asked for an order to stop the injunction from going into effect on December 22, 2023. The stay was granted on December 30, 2023, by an administrative three-judge panel of the Ninth Circuit. The stay was appealed to the Ninth Circuit three-judge...
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