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ABA Journal: The 6th Circuit, based in Cincinnati, has had a particularly dismal record before the high court. In the seven Supreme Court terms completed since the fall of 2005, the 6th Circuit has been reversed 31 out of 38 times, for an 81.6 percent reversal rate, based on figures compiled by two Philadelphia lawyers. That leads all the federal circuits for that time period, with the 9th Circuit coming in as the second most reversed—100 out of 128 cases, or 78.1 percent.
AZ Central: Americans for Responsible Leadership, which has also poured $11 million into two California campaigns, immediately asked for a temporary stay until 9 a.m. Monday to produce the records for the California Fair Political Practices Commission.
Doe v. Reed, No. 11-35854 ( Before: Harry Pregerson, A. Wallace Tashima, and N. Randy Smith, Circuit Judges. Opinion by Judge Tashima; Concurrence by Judge N.R. Smith)
Plaintiffs Protect Marriage Washington (“PMW”), John Doe #1, and John Doe #2 (collectively, “Plaintiffs”) seek to enjoin Defendants, the Secretary of State and Public Records Officer of the State of Washington, from releasing the names of people who signed petitions supporting a Washington referendum. These petitions are already widely available on the internet. We dismiss this case as moot because we cannot grant Plaintiffs effective relief.
Ninth Circuit Treats Supreme Court Individual Mandate Necessary and Proper Clause Ruling as a Binding Precedent
Eugene Volokh at the Volokh Conspiracy: When NFIB came down, some commentators argued that Chief Justice Roberts’ conclusion that the mandate was not authorized by the Commerce Clause and Necessary and Proper Clause was mere dictum, and therefore not binding precedent for the lower courts. I criticized that view here. It’s worth noting that the Ninth Circuit just treated the Roberts’ Necessary and Proper reasoning from NFIB as if it were binding. In upholding the Sex Offender Registration and Notification Act sex offfender registration requirement, they relied heavily on NFIB’s interpretation of the Necessary and Proper Clause . . .
Religion Clause Blog: In Ruiz-Diaz v. United States, (9th Circuit, Oct. 5, 2012), the U.S. 9th Circuit Court of Appeals rejected RFRA and 14th Amendment challenges to immigration rules that treat religious workers applying to adjust their immigration status to become permanent residents differently from those in various other employment-based preference categories.
AZ Star Net: A federal appeals court Tuesday spurned a request by civil rights groups for a new injunction to once again block Arizona’s 2010 immigration law.
The Republic: The courts have struck down another Montana election law as unconstitutional. The 9th U.S. Circuit Court of Appeals issued an opinion Monday that tosses out the state’s ban on political party endorsements of nonpartisan judicial candidates. | Sanders County Republican Cent. Comm. v. Bullock
Walter Weber on Kresta in the Afternoon: The Ninth Circuit has broken new constitutional ground in its Sept. 11 decision in McCormack v. Hiedeman. According to the court, women have a constitutional right to engage in self-abortion – sort of . . . But at the heart of the McCormack decision is the question whether women have a constitutional right to self-abort. On that question, the Ninth Circuit opinion lays the groundwork for a “yes” answer, but does not quite get there.
Wall Street Journal: A federal appeals court on Wednesday narrowed a court order that prevented Idaho authorities from bringing criminal charges against pregnant women who seek abortions through procedures the state deems “unlawful” — namely by buying medications online to terminate a pregnancy. | McCormack v. Hiedeman, Nos. 11-36010, 11-36015 (9th Cir. Sept. 11, 2012)
Religion Clause Blog: Last week (Aug. 27), the U.S. 9th Circuit Court of Appeals heard oral arguments in Ruiz-Diaz v. United States.
91.5 KJZZ (includes audio): James Campbell of the Alliance Defending Freedom notes the appellate court ruling hinged on the inability of gays to marry in the state, which he says sets a precedent. “If it’s irrational to give that benefit to only legal spouses and not to an unmarried partner or friend, then it is also irrational to also give other benefits to a legal spouse or not to an unmarried friend or partner,” Campbell said.
Alliance Defending Freedom Senior Counsel David Cortman and Legal Counsel Jeremy Tedesco will be available for media interviews immediately following oral arguments Friday before the U.S. Court of Appeals for the 9th Circuit in Reed v. Town of Gilbert.
The Hill: The Ninth Circuit Court of Appeals told Senate Republicans late last week that it would go through with a conference in Hawaii later this month, despite GOP complaints that the conference could cost $1 million or more at a time of fiscal crisis.
Spokesman-Review: When should a parent lose custody of a young child for refusing consent for a medical procedure? How likely must the harm to the child be for that to happen, and what if the potential harm is unlikely but dire? And should doctors and police who seize custody and perform the procedure over parents’ objections bear any liability?
Trial Insider: It appears two U.S. Senators’ criticism of spending for a Maui judicial conference in August by the the 9th U.S. Circuit Court of Appeals paid off. The court announced it was calling off its 2013 conference set for Monterey, Calif. and pushing it back to 2014. | Related post at How Appealing with a new letter to the court and additional coverage.
Lyle Denniston at SCOTUS Blog: The case illustrates a trend that is beginning to develop in lower courts dealing with issues of gay marriage: they are establishing new rights to legal equality for such couples, without taking the constitutional step of creating an explicit new right for gays and lesbians to marry.
Legal Pad: Put an Idaho law criminalizing abortions before two of the more liberal members of the U.S. Court of Appeals for the Ninth Circuit and you might expect some fireworks. But Judges Harry Pregerson and Betty Fletcher were mostly quiet Monday during arguments in McCormack v. Hiedeman, 11-36010, despite vigorous arguments by advocates on both sides. | Audio of Oral Arguments
Chris Geidner: In a July 2 filing noted on the Supreme Court docket, lawyers for the governor have asked the U.S. Supreme Court to reverse a September 2011 decision of the U.S. Court of Appeals for the Ninth Circuit that had the effect of keeping same-sex partners’ health-care benefits in place in the state.
Reuters: A majority of the San Francisco-based U.S. Court of Appeals for the 9th Circuit refused to disrupt the December ruling of a three-judge panel, which found that the cuts violated the Americans with Disabilities Act. In a sharp dissent, Judge Carlos Bea, joined by eight others, accused the majority of trying to dictate the state’s budget by “judicial fiat.”
National Journal: Grassley faulted Senate Majority Leader Harry Reid, D-Nev., for moving to a voice vote rather than holding a planned roll call vote on Hurwitz. But Grassley’s gripe seemed to lie largely with members of his own party who agreed to the switch, particularly Senate Minority Whip Jon Kyl, R-Ariz., who managed the nomination
The Hill (includes video): “All the business of the Senate is based upon trust between one senator and another,” Grassley said on the Senate floor. “When the ranking member of the Judiciary Committee isn’t notified of this action or any other senator notified of this action, it seems to me that that trust has been violated.
SCOTUS Blog reports (see charts): The Ninth Circuit continues its streak of contributing more cases to the Term than any other circuit. One third of all cases expected to be decided during OT11 originated in the Ninth Circuit. That number is both higher than any other circuit this Term (the closest competitor is the Third Circuit, which contributed 9% of all cases) . . .
LifeNews: Republican Sens. McCain, Kyl, Alexander, Brown, Snowe, Collins, Lugar and Murkowski voting with Democrats to allow the pro-abortion nomination to move ahead.
Legal Times: Senate Majority Leader Harry Reid (D-Nev.) wants to force a vote on U.S. Court of Appeals for the Ninth Circuit nominee Andrew Hurwitz early next week, setting up a potential fight with some Republicans who oppose him because of his history with Roe v. Wade.
Religion Clause Blog: In a 3-page opinion in PLANS, Inc. v. Sacramento City Unified School District, (9th Cir., June 7, 2012), the U.S. 9th Circuit Court of Appeals affirmed a federal district court’s dismissal of an Establishment Clause challenge to two Northern California school districts that have created “Waldorf” schools.
SCOTUS Blog: The Administration is now pressing an argument that DOMA’s denial of federal benefits for gay couples legally married in a state is unconstitutional, on the theory that it cannot withstand a challenge based on a more rigorous constitutional test: “heightened scrutiny.”
LifeNews: Republican senators received a letter today urging them to not support David Hurwitz, President Obama’s pro-abortion nominee to the U.S. Circuit Court of Appeals for the Ninth Circuit.
Blog of the Legal Times: Two top Republican senators on the judiciary and budget committees are questioning the cost of the Ninth Circuit Judicial Conference planned for Hawaii in August, saying “the program reads more like a vacation than a business trip to discuss the means of improving the administration of justice.”
Metropolitan News-Enterprise: Senate Democrats said yesterday that they will try to end debate Monday on the nomination of Los Angeles attorney Paul J. Watford to serve as a judge of the Ninth U.S. Circuit Court of Appeals. On their web page, the party conference said that Majority Leader Harry Reid, D-Nev., had filed a cloture petition, and that a vote likely will occur at about 5:30 p.m.
LA Times: The Senate confirmed Jacqueline H. Nguyen of Los Angeles to the U.S. 9th Circuit Court of Appeals on Monday, making her the first Asian American woman to sit on a federal appellate court
Reuters: A U.S. appeals court on Tuesday ruled Arizona may require voters to show identification at the polls, a ruling likely to add fuel to the fiery debate about voting rights in a presidential election year.
Billings Gazette: The 9th U.S. Circuit Court of Appeals will consider at least three judicial misconduct complaints that have been filed against Montana’s Chief U.S. District Judge Richard Cebull as well as the judge’s own request for a review.
One News Now: California attorney expects opponents of traditional marriage to lose in The Golden State if the Proposition 8 case is heard by the full panel of judges on a federal appeals court.
Adam J. MacLeod at Public Discourse: Recent attacks on marriage threaten not only a foundational public institution but the rule of law itself and the legitimacy of the judicial branch.
LifeNews: A Senate committee voted Thursday for the latest pro-abortion nominee President Barack Obama has appointed to the nation’s highest courts.
AZ Republic: Andrew Hurwitz, vice chief justice of the Arizona Supreme Court, was approved Thursday on a 13-5 vote of the U.S. Senate Judiciary Committee as a candidate for a vacancy on the 9th U.S. Circuit Court of Appeals in San Francisco.
Life News: . . . this time a lawyer credited with helping craft the Roe v. Wade decision. He 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.
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.
Santorum: Prop. 8 ruling hurts ‘foundation of our society’; “rogue” 9th Circuit should be “abolished”
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.
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.
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.
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.
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
. . . 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 …