Tag Archives: Court: 9th Circuit

How Appealing links to the ruling and provides this key quote: Circuit Judge Diarmuid F. O’Scannlain has issued an opinion dissenting from the denial of rehearing en banc that begins: Today, our court promulgates an astonishing new rule of law …

The U.S. Court of Appeals for the Ninth Circuit today rejected taxpayers Michael and Marla Sklars’ argument that they were entitled to claim deductions for tuition and fees paid to their children’s Orthodox Jewish day schools, the Justice Department announced.

The Religion Clause Blog reports: In Love Korean Church v. Chertoff, (9th Cir., Dec. 5, 2008), the 9th Circuit Court of Appeals interpreted the provisions of 8 USC 1153(b)(4) that provide up to 5000 permanent resident visas per year for …

“The panel did not actually hold DADT unconstitutional but announced a heightened scrutiny standard applicable to the policy based on the Supreme Court’s decision in Lawrence v. Texas . . .
Now the Ninth Circuit has refused to hear the case en banc, with six judges dissenting . . . ”

The Pacific Justice Institute reports:  A year after lawsuits against the Pledge of Allegiance and national motto were argued before the Ninth Circuit Court of Appeals, the fate of both cases still hangs in the balance . . .  With …

How Appealing links to several reports discussing the latest news from the ethics investigation of Judge Alex Kozinski of the Ninth Circuit Court of Appeals.

How Appealing links to filings and reports quoting from the Daily Journal of California:  Federal prosecutors have written to all 50 judges on the 9th U.S. Circuit Court of Appeals, asking them to consider recusing themselves from hearing accused pornographer Ira …

Legal Blog Watch reports: An ethics panel of the 9th U.S. Circuit Court of Appeals in San Francisco issued an order this week staying the investigation of a lawyer’s complaint against Circuit Chief Judge Alex Kozinski, Cynthia Cotts is reporting …

How Appealing reports that an ethics committee of the Ninth Circuit has put an ethics complaint against Judge Kozinski on hold.

The San Francisco Chronicle reports: “A state lawyer tried Wednesday to revive California’s ban on selling violent video games to minors by arguing, to an apparently skeptical federal appeals court, that mayhem should be judged by the same obscenity standards …

In U.S. v. Seljan 2008 WL 4661700 (9th Cir. Oct. 23, 2008), the U.S. Court of Appeals for the Ninth Circuit upheld the conviction of John W. Seljan “for multiple offenses primarily involving sexual misconduct with young children in the Philippines.”

“. . . there were four votes to say the Establishment Clause is violated only if the government literally establishes a church or coerces religious participation,” said Chemerinsky . . . “Now, I think there are five.” . . .

The National Law Journal reports: “Chief Judge Alex Kozinski, of the 9th U.S. Circuit Court of Appeals, faces a new misconduct complaint that accuses him of illegally disabling court software in 2001 that was intended to detect improper staff Internet …

The Religion Clause Blog reports: “In Snoqualmie Indian Tribe v. Federal Energy Regulatory Commission, (9th Cir., Oct. 7, 2008), the U.S. 9th Circuit Court of Appeals upheld FERC’s granting of a 40-year license renewal to Puget Sound Energy, Inc. to …

“An anti-abortion group has won its long legal fight to force Arizona to issue “choose life” license plates, after the Supreme Court declined to take the case . . . The case is Stanton v. Arizona Life Coalition, 07-1366.”

The Ninth Circuit has issued a ruling in Caldwell v. Caldwell, No. 06-15771 (9th Cir. Oct. 3, 2008) We must decide whether Jeanne E. Caldwell, who asserts an interest in being informed about how teachers teach the theory of evolution …

Bloomberg reports: “Alex Kozinski, chief judge of the federal appeals court in San Francisco, was formally accused by Los Angeles lawyer Cyrus Sanai of making pornography available on a public Web site, the attorney’s third misconduct complaint against the judge …

How Appealing reports on the opinion in Golden Gate Restaurant v. San Francisco, No. 07-17370 (9th Cir. Sept. 30, 2008). 

The AP reports: . . . As opening statements were under way at Ira Isaacs’ trial in June, the Los Angeles Times reported that Judge Alex Kozinski had posted sexually explicit materials on his personal Web site. He recused himself …

How Appealing reports and links to the ruling.

Today, the 9th Circuit issued an amended opinion in the case of Truth v. Kent Public School District, No. (9th Cir.  Sept. 9, 2008).  ”The opinion filed on April 25, 2008 in the above-captioned case is amended only to include the …

“In America, every citizen’s vote should count. The court has tossed aside one of the most important rights we have as Americans,” Austin R. Nimocks, a senior legal counsel for the Alliance Defense Fund, said.

To argue that Ganoe lacked the technical savvy or good sense to configure LimeWire to prevent access to his pornography files is like saying that he did not know enough to close his drapes.

The U.S. Court of Appeals for the 9th Circuit Thursday upheld a district court decision denying Oregon citizens the right to vote on a referendum that concerns a new state law which many believe violates the state’s marriage amendment.

The Arizona Republic reports: “A federal court of appeals on Friday ruled that using reclaimed wastewater to make artificial snow at a Flagstaff ski resort does not violate the religious freedom of Native Americans . . . At issue was …

The AP reports: Canyon Ferry Road Baptist Church is appealing a 2006 decision by U.S. District Judge Donald Molloy of Missoula, who ruled against the church and its lawsuit challenging a decision by the state commissioner of political practices. The …

The Sacramento Bee reports: “Recognizing that the federal judicial district based in Sacramento is overwhelmed with prisoner cases, the 9th U.S. Circuit Court of Appeals has vowed to push Congress for five new judges for the district.”

ADF attorneys are appealing a 2006 court decision holding the church in violation of a Montana campaign finance law because it did not report to the state when speaking on the social issue of Montana’s marriage amendment.

Pamela A. MacLean reports on the National Law Journal: The annual Judicial Conference of the 9th U.S. Circuit Court of Appeals in Sun Valley, Idaho, grappled with ways to get more courtroom training for young lawyers in an era of …

The LA Times reports: ACLU says opponents may appeal the decision. The symbol is part of a federally owned war memorial. A controversial cross on Mt. Soledad in San Diego can stay as part of a federally owned war memorial, …

Pamela A. MacLean reports on the National Law Journal: Chief Judge Alex Kozinski of the 9th U.S. Circuit Court of Appeals, facing a discipline inquiry over discovery he had sexually explicit photographs on a personal Web site, has scrubbed his …

The Seattle Times reports: A popular Seattle street performer who earlier this year lost a federal appeal on his challenge to regulations at Seattle Center has won another review of the case before the 9th U.S. Circuit Court of Appeals. …

CNSNews reports: “Was a resolution by the city of San Francisco condemning the Catholic Church’s teachings on homosexuality a violation of the U.S. Constitution or an expression of free speech? Oral arguments on this issue will be heard Wednesday by …

The Thomas More Law Center has issued this press release that begins: “Does the San Francisco Board’s resolution virulently condemning the Catholic Church because of its moral teachings on homosexuality violate the Constitution’s prohibition of government hostility toward religion?  That …

How Appealing reports that the 9th Circuit will rehear en banc a suit that examines the extent to which a locality can restrict speech in traditional public forums. The suit involves a street performer.  How Appealing provides this excerpt from …

As an Oregonian, as well as a Ninth Circuit judge privileged to have chambers in the Pioneer Courthouse in the heart of downtown Portland, Oregon, I thought it fitting to reflect on the role of two landmark decisions on religion by the Supreme Court of the United States arising out of this state

The Split Circuits Blog reports on how the Ninth Circuit has split from the Seventh Circuit on the issue of deciding whether the sale of property ends an unconstitutional state endorsement of religion.

Plaintiffs drove a truck that displayed enlarged, graphic photographs of early-term aborted fetuses around the perimeter of a public middle school in Rancho Palos Verdes, California. Deputy Sheriffs were dispatched to the school.

The Oregon Supreme Court has issued opinions on the ballot titles of Petition Initiatives 144 (repeals domestic partnerships) and 145 (removes sexual orientation from discrimination laws).

The Religion Clause Blog reports: “In Morgan v. Mukasey, (9th Cir., June 25, 2008), the U.S. 9th Circuit Court of Appeals reversed a decision by the Board of Immigration Appeals that had denied asylum to an Egyptian Coptic Christian couple …

Religion Clause Blog reports on this ruling: Lafreniere v. Board of Trustees of the California State University, (9th Cir., June 17, 2008).

How Appealing links here and here to numerous reports discussing the situation. It appears the 3rd Circuit will head up the investigation.

Patterico’s Pontifications blog carries this email which is purportedly from Alex Kozinski’s wife. She writes: Turning to the facts of the matter, the LA Times story, authored by Scott Glover, is riddled with half-truths, gross mischaracterizations and outright lies. One …

The Recorder reports on Law.com: As Chief Judge Alex Kozinski called for an investigation Thursday into the sexually explicit images he kept online, just how he could be disciplined becomes a key question . . . Yet recently approved judicial …

Plaintiffs claim they avoid using parks because they are “offended by the Boy Scouts’ exclusion, and publicly expressed disapproval, of lesbians, atheists and agnostics.” Is offended observer status sufficient to confer federal standing to sue? Two 9th Circuit judges think so. . .

The LA Times reports: A closely watched obscenity trial in Los Angeles federal court was suspended Wednesday after the judge acknowledged maintaining his own publicly accessible website featuring sexually explicit photos and videos. Alex Kozinski, chief judge of the U.S. …

The NY Sun reports that Ninth Circuit Judge Stephen Reinhardt, 77, has been hospitalized today after experiencing breathing difficulties.

One of the highest-ranking federal judges in the United States, who is currently presiding over an obscenity trial in Los Angeles, has maintained a publicly accessible website featuring sexually explicit photos and videos.

Eugene Volokh has this post on the Volokh Conspiracy discussing yesterday’s 1st Circuit ruling on “Don’t Ask, Don’t Tell” and the nature of the split with the 9th Circuit. Will the Supreme Court grant review? Volokh comments: . . . …

How Appealing reports that the 9th Circuit has certified the question to the California Supreme Court in International Society for Krishna Consciousness v. City of Los Angeles.

. . . the 1st Circuit Court of Appeals has rejected a challenge to the military’s “Don’t Ask, Don’t Tell” policy, thereby, creating a circuit split with the 9th Circuit over the scope and meaning of the Supreme Court’s ruling in Lawrence v. Texas.

Vikaram Amar has this commentary on Findlaw discussing the recent 9th Circuit decision. He concludes: . . . It is also worth noting that the Ninth Circuit’s ruling last month diverged from that of at least one other United States …

Francis Eugene Giberson was convicted in the United States District Court
for the District of Nevada of the receipt and possession of child pornography.

“I have a lot of sympathy for anyone forced to try to make sense of Justice Kennedy’s majority opinion in Lawrence . . . But there’s strong evidence that the Ninth Circuit panel did not even carefully read the opinion . . .”

t’s the first appellate court in the country to review the “Don’t Ask” policy since the U.S. Supreme Court struck down an anti-sodomy statute in Lawrence v. Texas, 539 U.S. 558 (2003). Under Lawrence, the 9th Circuit said Wednesday, “Don’t Ask” must be subjected to something more stringent than the rational basis test . . .

The court a revived due process challenge to the military’s Don’t Ask, Don’t Tell policy and held that the policy should be reviewed under an intermediate scrutiny standard. The dissent argued for “strict scrutiny.”

“Over the dissent of five judges, the Ninth Circuit denies rehearing en banc of decision holding that Congress cannot cure a government agency’s Establishment Clause violation by ordering sale of the land upon which a religious symbol is situated.”

Public school districts . . . . have increasingly turned to the adoption of mandatory dress policies . . . In a case of first impression . . . we . . . largely conclude that public school mandatory dress policies survive constitutional scrutiny.

Oregon citizens who say their rejection of same-sex marriage was quashed by the state legislature scored a small legal victory in the Ninth Circuit Court of Appeals in San Francisco. The appeals court granted a motion by the Alliance Defense Fund to expedite the appeal of a federal court judge’s decision that invalidated a voter petition drive.

The U.S. Court of Appeals for the 9th Circuit ruled Thursday that Washington pharmacists’ rights of conscience will be protected while an appeal by state officials who oppose those rights moves forward.

A federal appeals court has upheld an injunction in a lower court ruling that halted a new state requirement forcing pharmacists to fill prescriptions for all drugs.

A U.S. appeals court on Friday revived a lawsuit by Christian students who claimed their Washington state school district unfairly refused to recognize their Bible study club as a school-sponsored group.

“We are satisfied that reasonable suspicion is not needed for customs officials to search a laptop or other personal electronic storage devices at the border,” Judge Diarmuid O’Scannlain wrote.

The effect of the Ninth Circuit’s decision in Fields v. Palmdale was a virtual relinquishment of a parent’s ability to have a voice in what his or her child would be exposed to during the course of the school day, regardless of whether the information was a part of the curriculum.

In United States v. Vasquez-Ramos, (9th Cir., April 10, 2008), the U.S. 9th Circuit Court of Appeals refused to dismiss criminal charges under the Bald and Golden Eagle Protection Act (BGEPA) and the Migratory Bird Treaty Act (MBTA) against two defendants who claimed their prosecution violates the Religious Freedom Restoration Act (RFRA).

For Roommates.com, an apartment-sharing website, the price might be heavy, indeed. The Court of Appeals for the Ninth Circuit has just ruled that the site can’t claim immunity from a housing discrimination suit based on Section 230 of the Communications Decency Act, largely based on the content of the drop-down menus the site employs during the user registration process . . .

Alliance Defense Fund attorneys filed an appeal Tuesday to the U.S. Court of Appeals for the 9th Circuit on behalf of an Arizona State University pro-life club in a lawsuit challenging unlawful restrictions on their speech.

A roommate-finding site cannot require users to disclose their sexual orientation, a U.S. appeals court ruled on Thursday, in the latest skirmish over whether anti-discrimination rules apply to the Web.

WorldNetDaily has this report on the Harper case filed by ADF that is pending at the 9th Circuit. It begins: A brief has been filed with the 9th U.S. Circuit Court of Appeals in California again challenging a district’s policy …

In 2004, then-sophomore Chase Harper wore a T-shirt to school expressing a biblical viewpoint on homosexual behavior during the school’s “Day of Silence,” an event sponsored by the school’s Gay-Straight Alliance club.

ADF attorney Mike Johnson was interviewed on the Thor Tolo show on 820 KGNW.com yesterday. The mp3 audio recording of the interview is here. It runs just over 11 minutes. The interview discusses the recent 9th Circuit ruling that upheld …

Religion Clause blog reports on the ruling in Pierce v. County of Orange, No. 05-55829 (9th Cir., March 24, 2008)

. . . this case presents such a closely analogous context that Van Orden controls, and the display at issue does not violate the Establishment Clauses.

Davenport’s simultaneous conviction for both receipt and possession of child pornography violates the Fifth Amendment’s prohibition on double jeopardy.

A federal appeals court back in December said California’s action violated the free speech rights of people who wanted to swap votes.