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Keyword: ninthcircus

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  • Ninth Circuit Appeals Court BLOCKS Arizona’s Proof of Citizenship Requirement to Vote – Case Will Be Sent to U.S. Supreme Court

    08/03/2024 11:24:45 AM PDT · by deks · 33 replies
    Gateway Pundit ^ | August 3, 2024 | Julian Conradson
    On August 1, a three-judge panel of the Ninth Circuit overturned a prior decision that required proof of citizenship to vote in federal elections. This ruling, which was decided in a narrow 2-1 vote, now allows individuals to register to vote using a state form, without having to provide citizenship documentation for federal positions such as President and Congress. The law, enacted by Arizona's Republican-led Legislature in 2022, was designed to prevent non-citizens from voting by mandating proof of citizenship if registering to vote with the state. The initial emergency stay, issued on July 18 by a different Ninth Circuit...
  • California Granted Stay on Summary Judgement Against One Gun A Month Law

    05/10/2024 7:57:47 AM PDT · by marktwain · 5 replies
    AmmoLand ^ | May 6, 2024 | Dean Weingarten
    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 California’s 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...
  • Nirvana Must Face Child Porn Lawsuit Over Naked Baby On ‘Nevermind’ Album Cover, Appeals Court Rules

    12/22/2023 10:11:30 AM PST · by Tench_Coxe · 91 replies
    A federal appeals court on Thursday ruled against Nirvana and revived a child pornography lawsuit filed by the man who appeared as a nude baby on the cover of the band’s 1991 album Nevermind.Spencer Elden, now in his 30s, claimed the photo – one of the most iconic album covers in rock history – violated federal child pornography laws by displaying a sexualized image of a minor. But a lower ruled last year that he had waited far too long to bring his lawsuit. In a decision overturning that ruling, the U.S. Court of Appeals for the Ninth Circuit ruled...
  • KARI LAKE LOSES VOTING CASE IN 9TH CIRCUIT COURT

    10/16/2023 9:23:20 PM PDT · by aimhigh · 70 replies
    9th Circuit Court ^ | 10/16/2023 | 9th Circuit Court
    The panel affirmed the district court’s dismissal for lack of standing of an action, brought before the 2022 general election by former Republican nominees for Governor and Secretary of State of Arizona, alleging that Arizona’s use of electronic tabulation systems violated the federal Constitution. The gravamen of Plaintiffs’ operative complaint is that notwithstanding safeguards, electronic tabulation systems are particularly susceptible to hacking by non-governmental actors who intend to influence election results. On appeal, Plaintiffs conceded that their arguments were limited to potential future hacking, and not based on any past harm. The panel held that because Plaintiffs are no longer...
  • U.S. Appeals Court Blocks Idaho’s Transgender Student Athlete Ban

    08/19/2023 1:27:59 PM PDT · by nickcarraway · 55 replies
    NBC News ^ | Aug. 17, 2023 | Aug. 17, 2023
    The measure barred trans women and girls of all ages from participating in female sports teams at public schools in the state, from primary school through college. A federal appeals court on Thursday refused to allow Idaho to enforce a first-in-the-nation ban on transgender women and girls from participating in female sports leagues, saying the measure likely was unconstitutional. A 9th U.S. Circuit Court of Appeals panel delivered a victory to LGBTQ rights advocates by upholding an injunction blocking Idaho’s Fairness in Women’s Sports Act, the first of many such laws to be enacted by Republican-led states. “This is an...
  • Federal Appeals Court Upholds Washington State Ban On Conversion Therapy, Tees Up Circuit Split That May Reach SCOTUS

    01/25/2023 7:23:20 PM PST · by marshmallow · 10 replies
    Law and Crime ^ | 1/24/23 | Elura Nanos
    The U.S. Court of Appeals for the Ninth Circuit has declined to reconsider its decision to uphold the dismissal of a case over the practice known as “conversion therapy,” teeing up a circuit split that may ultimately land the case before the U.S. Supreme Court. Licensed marriage and family therapist Brian Tingley sued Washington state in 2021, claiming that a 2018 law that prohibited licensed mental health professionals from subjecting minors to conversion therapy violated his First Amendment rights. The Ninth Circuit issued its decision Monday not to rehear the appeal of a Washington state therapist’s challenge to a 2018...
  • Federal appeals court agrees Grants Pass ordinances violated constitutional rights of homeless (9th circus)

    09/29/2022 12:40:31 PM PDT · by aimhigh · 29 replies
    Oregon Public Broadcasting ^ | 09/28/2022 | Conrad Wilson
    Wednesday’s decision by the Ninth Circuit Court of Appeals builds on a 2018 ruling involving the city of Boise, which found a person cannot be punished for sleeping in public if there’s nowhere else for them to go. A federal appeals court Wednesday upheld a ruling that found the city of Grants Pass in southern Oregon violated the constitutional rights of people experiencing homelessness through a series of ordinances designed to prevent sleeping outside on public property.In a 2-1 decision, judges on the Ninth Circuit Court of Appeals largely upheld a 2020 injunction issued by U.S. Magistrate Judge Mark Clarke,...
  • 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,...
  • 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. –-(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...
  • 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...