Tag Archives: Court: 9th Circuit

Matthew J. Franck at Public Discourse: This week’s decision in the Prop 8 case is a desperate appeal to Justice Kennedy, and the latest assault of judicial supremacy.

CBS News: Republican presidential candidates Mitt Romney and Newt Gingrich on Tuesday decried the Ninth Circuit Court of Appeals for striking down California’s Proposition 8, which banned same-sex marriage — both of them targeting the judiciary system for invoking what Gingrich described as a “radical overreach” of power.

The Hill: “Today’s decision by the 9th Circuit is another in a long line of radical activist rulings by this rogue circuit – and it is precisely why I have called for that circuit to be abolished and split up,” Santorum said in a statement Tuesday. “Marriage is defined and has always been defined as ‘one man and one woman.’ We simply cannot allow 50 different definitions of marriage.”

Defenders of marriage in California will appeal Tuesday’s ruling from the U.S. Court of Appeals for the 9th Circuit that upheld a district judge’s decision against the state’s constitutional amendment protecting marriage.

No court should undercut the democratic process by taking the power to preserve marriage out of the hands of the people.

The opinion. Maggie Gallagher at National Review Online: Ninth Circuit to 7 Million California Voters: You Are Irrational Bigots Rick Hassen at Election Law Blog: Initial Thoughts on 9th Circuit Prop. 8 Decision How Appealing links to numerous reports. Orin …

LifeNews.com: Obama has appointed Andrew Hurwitz to the 9th Circuit Court, the most liberal appeals court in the country based in San Francisco and covering laws approved in western states. Yet, according to the Daily Caller, Hurwitz was instrumental to providing some of the legal framework for Roe, which resulted in 54 million abortions.

The district court granted a preliminary injunction prohibiting the State of Washington from enforcing its limitation on contributions to political committees supporting the recall of a state or county official.

LaTimes.com: The U.S. 9th Circuit Court of Appeals has ruled that plaintiffs who claimed that President Obama was not born in the United States and is therefore not eligible to hold the office have no standing to sue him.

LaTimes.com: Christen was opposed by some religious and anti-abortion groups because of her previous work as an attorney for Planned Parenthood and in battling Big Oil after the Exxon Valdez spill.

1. MP3 audio | 55:07 mins Public Broadcasting Issues
2. MP3 audio | 1:08:03 mins The Recusal Motion

Related ADF Press releases and case information page

Perry v. Brown Ninth Circuit Information Page and Documents

Reuters: For proponents of Proposition 8: Charles Cooper, David Thompson, Howard Nielson, Nicole Moss and Peter Patterson of Cooper and Kirk; Andrew Pugno of the Law Offices of Andrew Pugno; Brian Raum and James Campbell of the Alliance Defense Fund.

A federal appeals court says some bone marrow donors can be paid, overturning a decades-old law that made such compensation a crime.

The Notice is available here.

The case, Log Cabin Republicans v. U.S. (Circuit dockets 10-56634 and 10-56813), was under review in the Ninth Circuit when the Obama Administration, responding to the repeal of the policy against gays and lesbians serving openly in the military services, asked the panel to declare the case moot and to vacate Judge Phillips’ decision against the ban.

Orrin Kerr reports at The Volokh Conspiracy: From today’s per curiam summary reversal in Cavazos v. Smith, a habeas case from the Ninth Circuit . . .

LaTimes.com: The choice of Paul Watford for the overburdened federal appeals court draws praise from both sides of the political aisle. Some see a smoother path for him to Senate confirmation.

Religion Clause: On Friday, the 9th Circuit refused to rehear the case and also refused an en banc rehearing. However 5 judges, in an opinion written by Judge Bey, dissented from the denial of an en banc rehearing. In Jewish War Veterans v. City of San Diego, (9th Cir., Oct. 14, 2011), Judge Bey wrote in part . . .

Sonoran News: “Unelected judges should rule in accord with the Constitution, not according to their own personal policy preferences, as one judge here has rightfully noted,” said ADF Litigation Staff Counsel Daniel Blomberg. “Every federal appellate court to consider precisely this issue has found no fundamental right to engage in homosexual conduct while employed in the military. Since the law was reasonably related to Congress’s goal of military cohesion, those courts always upheld the law as constitutional.” Circuit Judge Diarmuid F. O’Scannlain agreed . . .

First Amendment Center: A federal law that prohibits the unauthorized wearing of military medals does not violate the First Amendment, a federal appeals court panel has ruled. | United States v. Perelman

How Appealing links to relevant information.

. . . the U.S. 9th Circuit Court of Appeals held that the religious exemption in the federal Fair Housing Act applies to shield from religious discrimination claims an organization that sponsors Christian homeless shelters and a drug treatment program.

Johnson v. Poway Unified School Dist., No. 10-55445 (9th Cir.   Before: Barry G. Silverman, Richard C. Tallman, and Richard R. Clifton, Circuit Judges. Opinion by Judge Tallman We consider whether a public school district infringes the First Amendment liberties …

Arizona cannot cancel the insurance benefits for the domestic partners of state and university workers who are gay, the 9th U.S. Circuit Court of Appeals ruled Tuesday.

The New American: David Cortman, senior legal counsel with the Alliance Defense Fund (ADF), the legal advocacy group representing Moffett and the charter school, told the Idaho Press-Tribune in an e-mail that he is prepared to appeal the case to the Supreme Court. “In our opinion, the court failed to perform any meaningful analysis of any issue in the case,” Cortman wrote, “including the seminal one: whether there is any educational purpose to ban all religious documents from objective teaching….” In addition, he charged, the 9th Circuit panel ignored the right of local school districts to choose their own texts and curricula. “Censoring books, including religious books, is not the proper way to educate children,” Cortman said in an ADF statement, adding: The court’s opinion requiring the removal of religious books to comply with the so-called “separation of church and state” conflicts with established U.S. Supreme Court precedent stating that “the Bible may constitutionally be used in an appropriate study of history, civilization, ethics, comparative religion, or the like.”

Christianity Today: But Jordan Lorence, senior counsel at the Alliance Defense Fund and a lawyer who argued for the Christian groups, said the intent of SDSU’s policy is irrelevant. “If there is an official policy that violates the First Amendment rights of Christian organizations, it’s unconstitutional,” he said. “Intent does not exonerate the policy because the First Amendment violations remain.”

SignOnSanDiego.com: A lawyer for the Christian groups said he was disappointed with the decision. “The court upheld a policy that clearly treats Christian groups worse than other groups on campus,” attorney Jordan Lorence said.

San Francisco Chronicle: The Christian groups’ lawyer, Jordan Lorence of the Alliance Defense Fund, said he may ask the Supreme Court to take up the case. “A vegan group can exclude meat-eaters, and anti-death penalty groups can exclude people who don’t support their cause” while receiving campus funding and other benefits, like access to meeting rooms, Lorence said. He said the school policy relegates religious groups to second-class status.’ | Alpha Delta Chi-Delta Chapter v. Reed, No. 09-55299

A federal appeals court has upheld Oakland’s so-called “bubble” law prohibiting protestors from coming within eight feet of abortion clinics

Byron Babione at Townhall: In a great victory for religious liberty and equal treatment under the law, the U.S. Court of Appeals for the Ninth Circuit has overturned a federal district court’s ruling which barred Centro Familiar Cristiano Buenos Nuevas Christian Church from occupying and holding worship services in its own building in downtown Yuma, Ariz.

SCOTUSblog: Giving the Obama Administration less than what it requested, the Ninth Circuit Court puts back into effect the “don’t ask/don’t tell” policy, but bars any discharges of gays and lesbians for violating the policy.

Blog of the Legal Times: The June ruling by three judges of the U.S. Court of Appeals for the 9th Circuit limited Renzi’s ability to invoke the Constitution’s “speech or debate” clause, which says lawmakers “shall not be questioned” outside the House or Senate for their legislative activity.

The Ninth Circuit Court on Friday evening put back into effect temporarily the U.S. military’s ban on gays and lesbians from serving openly in the services, but also barred any investigations, penalties or discharges of anyone to carry out that policy.

Pacific Justice Institute: The PJI suit challenges the constitutionality of the individual mandate in the new law, which requires that nearly all Americans to buy health insurance, whether they want it or not. The Ninth Circuit is currently weighing whether to allow the suit to go forward.

Sonoran Alliance: Attorneys for Center for Arizona Policy and the Alliance Defense Fund worked together to defend the church’s rights in court. “Churches should not be treated unfavorably just because they are religious, and that is what the city of Yuma had done here,” said CAP Legal Counsel Deborah Sheasby. (linked at Tucson Citizen)

Courthouse News Service: Judges Johnnie Rawlinson and William Fletcher seemed skeptical of Cortman’s First Amendment claims. “How do you have a First Amendment argument if, in fact, it’s the government’s speech that’s being regulated?” Rawlinson asked. Cortman replied that it was the speech of a local school district, but Rawlinson countered that the school has to comply with the governing body . . . Cortman claimed in his rebuttal that the Charter School Commission has no authority to impose the ban on religious works and only the State Board of Education can decide curriculum. He also claimed that the school was shut down in retaliation for opposing the book-ban policy.

Pacific Justice Institute: The federal Ninth Circuit Court of Appeals has announced that it will hear a constitutional challenge to the controversial “individual mandate” in President Obama’s health care overhaul

Religion Clause: In McCollum v. California Department of Corrections and Rehabilitation, (9th Cir., June 1, 2011), the U.S. 9th Circuit Court of Appeals rejected claims by a volunteer Wiccan chaplain in the California prison system that he should have been considered for one of the paid chaplaincy positions that now are given to Protestant, Catholic, Jewish, Muslim and Native American clergy.

Washington Times: Goodwin Liu, a polarizing Obama administration judicial candidate, has asked the president to withdraw his nomination from consideration for an appeals court judgeship after his bid was blocked last week in the Senate by a Republican filibuster.

Byron York at Townhall: It wasn’t just Liu’s legal positions that did him in. Republicans were particularly rankled by the professor’s testimony during the 2006 confirmation hearings of Supreme Court Justice Samuel Alito.

FRC Action: Family Research Council Action (FRC Action) President Tony Perkins praised the U.S. Senate today for rejecting the nomination of Goodwin Liu to the 9th Circuit Court of Appeals.

LifeNews: Yesterday, the White House announced Obama has named Justice Morgan Christen to the 9th Circuit U.S. Court of Appeals.

Here’s a quick stab at some key points, distilled from the selected repository of my extensive documentation of the case against the controversial nomination of Berkeley law professor Goodwin Liu to the Ninth Circuit . . .

Blog of the Legal Times: Senate Majority Leader Harry Reid (D-Nev.) is considering filing a cloture petition as soon as tonight, a spokesman said.

LifeNews: Senate Majority Leader Harry Reid is expected to file cloture sometime today on the nomination of Goodwin Liu to be a Circuit Judge for the Ninth Circuit. Liu is one of many pro-abortion activists Obama has named to lower federal court positions.

Religion Clause Blog: In Freedom from Religion Foundation v. Geithner, the U.S. 9th Circuit Court of Appeals agreed with a federal district court that Pastor Michael Rodgers, a Sacramento area clergyman, has not shown he is entitled to intervene as of right as a defendant in a challenge to the constitutionality of provisions in the federal and California tax codes that allow clergy to exclude from income the parsonage allowance furnished to them.

Religion Clause Blog: In Florer v. Congregation Pidyon Shevuyim, (9^th Cir., April 15, 2011), the U.S. 9^th Circuit Court of Appeals held that a Jewish organization that contracted with the Washington State Department of Corrections to furnish Jewish chaplains for prisoners was not a “state actor” . . .

A federal appeals court is refusing to lift a stay blocking major parts of a tough Arizona law targeting illegal immigrants from taking effect.

The Senate Judiciary Committee approved the nomination of a pro-abortion activists President Barack Obama nominated for a federal appeals court in the western United States.”

Eugene Volokh writes at the Volokh Conspiracy: “The Ninth Circuit has just refused to rehear en banc the panel decision striking down the Stolen Valor Act; the opinions are here. I look forward to reading them shortly, but in the meantime I thought I’d note them for our readers. My post on the panel decision is here.”

CNSNews: “A federal appeals court unanimously reinstated a lawsuit Tuesday filed by a Muslim woman who accused Southern California jailers of violating her religious freedom when they ordered her to take off her head scarf in a courthouse holding cell.”

Washington Post: “The brilliant professor, who turned just 40 in October, testified that he would not allow his academic musings to interfere with the duties of a lower-court judge to follow precedent. He should be confirmed and given the opportunity to demonstrate that he can do that.”

Politico: “Liu, 39, has captured the hopes of liberals who see him as one of Obama’s few bold judicial picks, someone with the intellect and youth for the circuit court bench, a traditional stepping stone to the Supreme Court. But Republicans have argued that he lacks any judicial experience, his legal writings are proof of his intention to legislate from the bench, and his criticism of Supreme Court Judge Samuel Alito after he was nominated to the court revealed an inexperienced social activist who has no place on a federal bench.”

Ed Whelan writes at National Review Online: “It’s an odd thing: On the one hand, many folks on the Left (and many other supporters of same-sex marriage) maintain that only an irrational bigot could fail to accept the (absurd) proposition that the Constitution is properly interpreted as conferring a right to same-sex marriage. On the other hand, these same folks engage in extraordinary gymnastics to deny the concrete evidence that various of Obama’s judicial nominees favor invention of a federal constitutional right to same-sex marriage.”

Public Information Office for the Ninth Circuit: “The Hon. Cynthia Holcomb Hall, a distinguished senior judge of the United States Court of Appeals for the Ninth Circuit, died Saturday, February 26, 2011, after a long and valiant battle with cancer. She was 82.”

Blog of the Legal Times: “The Senate Judiciary Committee gave notice today that it will hold a second confirmation hearing for Liu . . . Obama nominated Liu a year ago to the U.S. Court of Appeals for the 9th Circuit.”

“Gay marriage supporters asked a federal appeals court on Wednesday to allow an order lifting California’s gay marriage ban to take effect right away, according to a court filing.”

Ninth Circuit Public Information Office: “The Hon. David R. Thompson of San Diego, an esteemed senior judge of the United States Court of Appeals for the Ninth Circuit, died Saturday, February 19, 2011, after a sudden illness. He was 80.”

One News Now: Both sides have presented their appeal in the case involving Capistrano High School student Chad Farnan, who sued his history teacher, Dr. Corbett, in April 2008 for attacking Christianity during his lectures and for calling creationism “superstitious nonsense.”

Religion Clause Blog: “In International Church of  the Foursquare Gospel v. City of San Leandro, (9th Cir., Feb. 15, 2011), the U.S. 9th Circuit Court of Appeals reversed the district court and held that a city’s zoning decision made under a neutral, generally applicable zoning law can impose a “substantial burden” on a church’s exercise of religion under RLUIPA.”

“The federal Ninth Circuit Court of Appeals today ruled that the city of San Leandro illegally discriminated against a church by not allowing it to use its own property for worship services. The church, Faith Fellowship Foursquare Church, is represented by staff attorneys with Pacific Justice Institute.”

Religion Clause Blog: “The U.S. 9th Circuit Court of appeals yesterday heard oral arguments (recording of full arguments) in in C.F. v. Capistrano Unified High School. In the case, the district court found that an in-class comment by high school history teacher James Corbett which characterized creationism as “superstitious nonsense” violated the Establishment Clause . . . ”

Keen News Service: “The case is Collins v. Brewer from Arizona. The case, brought by Lambda Legal Defense and Education Fund, pits a group of 10 gay state employees (including Tracy Collins) against a new state law barring them from signing up their domestic partners and children for family health insurance coverage. Such family coverage is made available to straight employees who are married.”

Lee Habeeb writes at Townhall: “For anyone who doesn’t think that judges don’t matter, I beg you to read Judge Roger Vinson’s remarkable opinion in Florida v. Health and Human Services. His writing was clear, the legal reasoning astounding, and if upheld by the US Supreme Court, could go down in history as one of America’s most important legal decisions. But before we dig into Justice Vinson’s opinion, let’s talk a bit about why judges matter.”

Debra J. Saunders writes at Townhall: “Four times this month, the U.S. Supreme Court has slapped down the Ninth Circuit Court of Appeals. Four times the Big Bench unanimously reversed Ninth U.S. Circuit Court of Appeals decisions. Unanimous is a big deal. It means that there’s no left-right political divide in the Big Bench’s findings — just right on the law and wrong on the law. I take unanimous seriously.”

Washington Post: “Sometimes the Supreme Court simply decides cases, and sometimes it seems to have something bigger in mind. In the past two weeks it has been in scold mode, and its target has been the U.S. Court of Appeals for the 9th Circuit.”

SCOTUS Blog: The Ninth Circuit Court has turned down the Obama Administration’s request to put on hold the case testing the constitutionality of the “don’t ask/don’t tell” law restricting the right of gays to serve in the military. In a one-page order, issued Friday, however, the Circuit Court added another month to the time before the briefing schedule is to begin. That was the Administration’s alternative plea.

Westlaw News and Insights: “The 9th Circuit has reversed a lower court’s ruling that a Los Angeles ordinance prohibiting combined adult retail and arcade establishments violated the First Amendment. The court of appeals said the bookstore and arcade that brought the suit did not offer enough evidence to show that the city’s ordinance was unconstitutional.”

Alameda Books Inc. v. City of Los Angeles, No. 09-55367 (9th Cir. Jan. 28, 2011)

Los Angeles Times: “An attorney for same-sex couples hoping to overturn Proposition 8 in federal court urged the California Supreme Court on Tuesday to reject a request that it rule on whether initiative sponsors have authority to defend ballot measures.”

Religion Clause: “Yesterday, a panel of the 9th Circuit issued an amended opinion and denied an en banc rehearing in Spencer v. World Vision, Inc., (9th Cir., Jan. 25, 2011). At issue is whether the Christian humanitarian organization, World Vision, comes within the exemption in Title VII  . . . ”

Orin Kerr writing at The Volokh Conspiracy: “I don’t know which is more newsworthy: A day that the Supreme Court hands down new opinions that includes a unanimous reversal of a Ninth Circuit decision by Judge Reinhardt, or a day that the Supreme Court hands down new opinions that does not include a unanimous reversal of a Ninth Circuit decision by Judge Reinhardt.”

Courthouse News Service: “A Chinese man who says he was persecuted in his home country for practicing Christianity got a second chance at asylum in the United States. In 2005, an immigration judge had rejected Lei Li’s petition because Li incorrectly answered ‘basic’ questions about Christianity.” | Li v. Holder, (9th Cir., Jan. 19, 2011) | Via Religion Clause.

“The judge was reversed twice today by the U.S. Supreme Court in two cases in which he authored opinions overturning murder convictions.”

Inside the Issues: “Alliance Defense Fund Senior Counsel [Joseph Infranco] and ADF-allied attorney Charles S. LiMandri spoke on Saturday, January 15, 2011 at a rally in support of protecting the Mt. Soledad Veterans Memorial . . . ‘War heroes have earned the right to be remembered,’ Infranco said. ‘The memory of those who sacrificed their lives for our freedom shouldn’t be dishonored because the ACLU claims several people were merely offended.’”

Life to Death: Our Constitution and How It Grow
44 U.C. Davis L. Rev. 391 (2010)

“[T]he Constitution is a ‘living’ document that primarily guarantees rights and privileges to the inhabitants of contemporary America, rights and privileges that may expand as our nation continues to develop. For those of us who believe in a ‘living’ Constitution, the Constitution itself is much more than a mere historical text to be parsed for its literal, original meaning . . .”