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Keyword: ninthcircus

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  • 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...
  • 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.
  • US appeals court [9th Circus] blocks judge’s decision to overturn state’s assault weapons ban

    06/21/2021 6:20:14 PM PDT · by BenLurkin · 22 replies
    L. A. Times ^ | JUNE 21, 2021 5:27 PM PT | Maura Dolan
    The 9th Circuit, acting on a June 10 appeal filed by Atty. Gen. Rob Bonta, put Benitez’s ruling on hold pending a full-blown decision. “This leaves our assault weapons laws in effect while appellate proceedings continue,” Bonta said said in a tweet. “We won’t stop defending these life-saving laws.” The 9th Circuit judges on the panel issuing the stay were Barry G. Silverman, a Clinton appointee, Jacqueline Nguyen, an Obama appointee and Ryan D. Nelson, a Trump appointee. Benitez, appointed by former President George W. Bush, said the weapons ban unconstitutionally infringed on the rights of California gun owners and...
  • 9th Circuit Cowboy (Barf Movie Alert)

    06/15/2021 11:58:06 PM PDT · by Oshkalaboomboom · 10 replies
    IMDB ^ | 6/15/2021 | Terry Sanders
    9th CIRCUIT COWBOY is the story of Judge Harry Pregerson who, for almost half a century, served on California’s famously liberal 9th Circuit Court of Appeals and was known for placing his personal scruples over what he discounted as abstract legalities. “I looked upon being a judge,” he said, “as a chance to help as many people as I could through the law.” Growing up during the Depression in diverse East Los Angeles, Harry enlisted in the Marines in World War II and served in the Pacific. In the bloody Battle for Okinawa, he received a field commission to lieutenant...
  • California Ban on Trucking Contractors Is Back

    05/09/2021 5:47:33 AM PDT · by EBH · 52 replies
    Material Handling & Logistics ^ | May 7, 2021 | David Sparkman
    Appeals court panel says interstate haulers are not exempt from AB 5 law. Interstate truckers could soon come under California’s highly restrictive independent contractor law because of a recent federal appeals court decision. A three-judge panel for the U.S. Ninth Circuit Court of Appeals voted 2-1 that a federal law called the Federal Aviation Administration Authorization Act (FAAAA) does not preclude application of the state’s AB 5 contractor law to trucking companies operating in interstate commerce. In early 2020, before the new law went into effect, a federal district court judge granted an injunction barring the state from enforcing it...
  • Ninth Circuit court blocks Republican-led states from reviving 'public charge' rule

    04/09/2021 10:57:30 AM PDT · by artichokegrower · 34 replies
    San Francisco Chronicle ^ | April 8, 2021 | Bob Egelko
    Over a conservative judge’s angry dissent, a federal appeals court refused Thursday to let a group of Republican-led states try to revive a Trump administration rule that denied legal status and work permits to noncitizens who accept public benefits, such as food stamps and Medicaid.
  • Second court blocks Trump's order to exclude undocumented immigrants from census

    10/22/2020 8:35:31 AM PDT · by yesthatjallen · 38 replies
    The Hill ^ | 10 22 2020 | Harper Neidig
    A federal court in California on Thursday ruled against President Trump's order to exclude undocumented immigrants from the census count for apportioning congressional seats, dealing the administration its second court loss over the July executive memorandum. A panel of three judges for the U.S. District Court in the Northern District of California ruled that the memo was unconstitutional and violated laws governing the census. "The policy which the Presidential Memorandum attempts to enact has already been rejected by the Constitution, the applicable statutes, and 230 years of history," the panel wrote in a 90-page decision. The order forbids the Commerce...
  • Justice Kagan blocks effort to stop Montana from mailing ballots to all voters

    10/10/2020 4:54:27 PM PDT · by aspasia · 53 replies
    FOXNEWS ^ | 10/10/2020 | Morgan Phillips
    Supreme Court Justice Elena Kagan denied a request from Republicans to stop Montana Gov. Steve Bullock’s (D) plan to mail ballots to all registered voters. Kagan, who has jurisdiction over the case based on geography, denied the request without referring the case to the full court. The suit was brought by Joe Lamm of the Ravali County Republican Central Committee and other voters. The GOP-dominated Legislature banned mail-in ballots for general elections, instead allowing only by-request, no-excuse-required “absentee ballots” and in-person voting compatible with Phase 2 safety restrictions in the governor’s COVID-19 reopening plan. But Bullock argued an emergency declaration...
  • Appeals court blocks further construction on Trump border wall

    10/10/2020 10:44:39 AM PDT · by BeauBo · 51 replies
    The Hill ^ | 10/10/20 | CELINE CASTRONUOVO
    The 9th Circuit Court of Appeals on Friday ruled that President Trump’s use of emergency powers to allocate millions of dollars in funding for the construction of a southern border wall was illegal, the latest blow to the Trump administration’s effort to limit immigration. In the 2-1 decision, the court upheld a December 2019 district court summary judgment in favor of a request from the advocacy groups the Sierra Club and the Southern Border Communities Coalition against Defense Secretary Mark Esper, acting Homeland Security Secretary Chad Wolf and “all persons acting under their direction ... from using military construction funds...
  • Incredible: USA Today fact checks The Babylon Bee's "claim" that Ruth Bader Ginsburg's death was overturned by 9th circuit court

    09/28/2020 3:02:28 PM PDT · by Gamecock · 50 replies
    Not The Bee ^ | 9/28/2020 | Seth Dillon
    USA Today embarrassed themselves earlier when they fact-checked a ridiculous, over-the-top Babylon Bee story that nobody—not a single person—believed to be true. Here is the satirical story from The Bee that so-called journalists at a real news outlet somehow felt the need to debunk: The first paragraph reads: In a landmark ruling, the Ninth Circuit Court of Appeals has overturned the death of Supreme Court Justice Ruth Bader Ginsburg. In a close decision, the judges on the court have ruled RBG's death unconstitutional and will block Trump from nominating a replacement. Instead of cracking a smile at an obvious joke...
  • California AG Asks Ninth Circuit for En Banc Review of Magazine Decision

    09/02/2020 5:20:45 AM PDT · by marktwain · 15 replies
    AmmoLand ^ | 31 August, 2020 | Dean Weingarten
    On 28 August 2020, Attorney General Becerra of California petitioned the Ninth Circuit to review the case of Duncan v. Becerra. The review would be of the three-judge panel which held the California ban on magazines that hold over 10 rounds of ammunition to be unconstitutional. From the Petition for En Banc: 1 INTRODUCTION AND RULE 35 STATEMENTCalifornia respectfully petitions for rehearing en banc of the panel’s decision, which invalidates a state law restricting large-capacity magazines that can hold more than 10 rounds of ammunition (LCMs). California voters adopted the current LCM law in response to a spate of mass...
  • Supreme Court sides with Trump on building border wall with diverted military funds

    07/31/2020 3:02:36 PM PDT · by libstripper · 42 replies
    LA Times ^ | July 31, 2020 | David G. Savage
    The Supreme Court has allowed President Trump to defy Congress and continue to spend more than $6 billion diverted from military funds to pay for the construction of a border wall in parts of Arizona, New Mexico, Texas and California.
  • Supreme Court denies request to halt construction of the border wall

    07/31/2020 2:55:29 PM PDT · by rdl6989 · 24 replies
    Fox News ^ | July 31, 2020 | Shannon Bream, Bill Mearsin
    The Supreme Court by a 5-4 vote has denied a request to halt construction of President Trump’s border wall over environmental concerns. A number of groups, including the ACLU and Sierra Club, had asked the high court to get involved again after the justices last year cleared the way for the administration to use military funds for construction while the case played out in the courts. A federal appeals court had ruled against the administration last month, but the justices, for now, have given another temporary victory to the administration.
  • Federal appeals court rules Trump admin can't withhold federal grants from California sanctuary cities

    07/13/2020 7:56:47 PM PDT · by yesthatjallen · 43 replies
    The Hill ^ | 07 13 2020 | Justine Coleman
    A federal appeals court ruled Monday that the Trump administration cannot withhold federal grants from California sanctuary cities, affirming previous rulings in the state. The U.S. Court of Appeals in San Francisco said its ruling that the Justice Department cannot block police funds from cities not enforcing immigration laws does not extend nationally, Bloomberg News reported. The decision follows rulings from three other regional federal appeals courts against the administration. But a New York court unanimously ruled in February that the department had the authority to withhold funds from the cities that do not comply with federal authorities' enforcement of...
  • Trump can't divert military funds for border wall, federal appeals court says

    06/26/2020 11:33:25 AM PDT · by rdl6989 · 78 replies
    CNN ^ | June 26, 2020 | Priscilla Alvarez
    The Trump administration doesn't have the authority to divert Pentagon funds to construct additional barriers on the US-Mexico border, a federal appeals court ruled Friday, days after President Donald Trump's visit to a section of the wall in Arizona. In a 2-1 ruling, the 9th US Circuit Court of Appeals said that the transfer of $2.5 billion circumvented Congress, which holds the authority to appropriate money.
  • Trump broke the law by using military money for border wall, appeals court rules

    06/26/2020 11:50:57 AM PDT · by where's_the_Outrage? · 73 replies
    LA Times ^ | June 26, 2020 | Maura Dolan
    A federal appeals court decided 2-1 Friday that the Trump administration violated the law when it used military funds to build a wall on the Mexican border. The U.S. 9th Circuit Court of Appeals said the power of the purse belongs to Congress, and the administration lacked constitutional authority to transfer the military money. Two Democratic appointees were in the majority. A Trump appointee dissented.
  • Supreme Court hands Trump administration win on deportation powers

    06/25/2020 8:29:56 AM PDT · by Red Badger · 56 replies
    FOX News ^ | 06-25-2020 | By Ronn Blitzer
    The Supreme Court ruled Thursday for the Trump administration in a key immigration case, determining that a federal law limiting an asylum applicant’s ability to appeal a determination that he lacked a credible fear of persecution from his home country does not violate the Constitution. The ruling means the administration can deport some people seeking asylum without allowing them to make their case to a federal judge. The 7-2 ruling applies to those who fail their initial asylum screenings, making them eligible for quick deportation. In a decision in the case of Dept. of Homeland Security v. Thuraissigiam, the court...
  • Obama, Clinton 9th Circuit Judges Suspend Bill of Rights Until Coronavirus is Cured

    05/25/2020 7:16:13 PM PDT · by Texas Fossil · 82 replies
    FrontPage Magazine ^ | Mon May 25, 2020 | Daniel Greenfield
    They said it. I didn't. The 9th U.S. Circuit Court of Appeals on Friday ruled that Democratic California Gavin Newsom's ban on in-person church services during the coronavirus pandemic can stand.The lawsuit, filed by South Bay United Pentecostal Church in San Diego, prevents that church from reopening, according to the Los Angeles TimesThe "constitutional standards that would normally govern our review of a Free Exercise claim should not be applied," wrote the two judges in the majority opinion."We're dealing here with a highly contagious and often fatal disease for which there presently is no known cure. In the words of...
  • Supreme Court Rebuffs Activists, Reinstates Ban on Encouraging Illegal Aliens to Stay in US

    05/12/2020 1:24:09 PM PDT · by eyeamok · 37 replies
    NTD ^ | May 11, 2020 | Matthew Vadum
    The Supreme Court unanimously resurrected a federal law struck down by an appeals court that made it a felony to encourage people to come to or stay illegally in the United States.
  • Supremes order U.S. city to explain its confiscation of legal guns

    04/27/2020 5:42:53 AM PDT · by rktman · 44 replies
    wnd.com ^ | 4/26/2020 | WND
    he U.S. Supreme Court has ordered officials in San Jose, California, to explain why they confiscated the legally owned guns of Lori Rodriguez. They still have them. The case was brought by the Second Amendment Foundation on behalf of the woman. The Supreme Court justices have instructed city officials to respond by May 20. "We’re encouraged by this development in the case," said SAF founder and Executive Vice President Alan M. Gottlieb. "If the city thought they could just ignore this case and make it go away, they’re wrong." "Her firearms were seized seven years ago after her husband was...