Posts filtered by tags: 9th Circuit[x]


 

U.S. appellate panel upholds Trump administration's right to end legal status of 400,000 migrants

A divided three-judge panel of the U.S. 9th Circuit Court of Appeals ruled Monday that the Trump administration can end humanitarian legal protections for about 405,500 immigrants from El Salvador, Nicaragua, Haiti, Sudan, Honduras, and Nepal. The migrants were welcomed to the U.S. though the Temporary Protection Status (TPS) program for countries hit hard by natural disasters or civil conflict.The three judge panel, in a 2-1 decision, rejected arguments that the administration had failed to fol...
Tags: News, Supreme Court, Barack Obama, Joe Biden, Nepal, Aclu, Sudan, Associated Press, George W Bush, Trump, Steve Doocy, American Civil Liberties Union, 9th Circuit, Fox Friends, U S 9th Circuit Court of Appeals, El Salvador Nicaragua Haiti Sudan Honduras


Petitions of the week: Capital punishment, sex discrimination, Trump’s Twitter and more

This week we highlight recent cert petitions that ask the Supreme Court to weigh in on an obsolete sentencing practice for the death penalty, the extent of Title IX’s protections against sex discrimination, and President Donald Trump’s use of Twitter. In McMillan v. Alabama, an inmate on death row wants the court to review the constitutionality of his death sentence, which was imposed by a judge after the jury voted 8-4 for life imprisonment. A judicial override procedure for death sentences was...
Tags: Featured, Maryland, Supreme Court, Law, Alabama, United States, Williams, Donald Trump, Bose, Trump, HARRIS, 9th Circuit, Paxton, Tribe, U S Court of Appeals, McMillan


Petitions of the week: Warrantless home searches, border-wall funding and more

This week we highlight cert petitions that ask the Supreme Court to decide whether police, without a warrant, may enter a home and remove weapons under a “community caretaking” exception and whether Congress authorized the Trump administration’s spending on the U.S.-Mexico border wall. In Caniglia v. Strom, officers questioned Edward Caniglia at his home after his wife expressed concern that he might be suicidal. They took him to a hospital and then entered the home and removed two handguns. The...
Tags: Featured, Supreme Court, Law, Congress, Mexico, Defense, United States, Graham, Pentagon, Connor, Jackson, Taser, Donald Trump, Department Of Homeland Security, Sierra Club, Trump


Infringing Polish Website Isn’t Subject to Personal Jurisdiction in the United States–AMA v. Wanat

AMA Multimedia sued Marcin Wanat, Maciej Madon, and MW Media, a Poland-based partnership. AMA was only able to serve Wanat, so he’s the only defendant in the lawsuit. He moved to dismiss for lack of personal jurisdiction in the United States. The district court agreed. The Ninth Circuit affirms in 4 opinions from a 3-judge panel: a consensus opinion, two concurrences (one from the author of the consensus–it’s unusual for the author of the lead opinion to write an opinion concurring with him/her...
Tags: Supreme Court, Law, California, Virginia, Court, US, Godaddy, Eu, E-commerce, Copyright, United States, Netherlands, Arizona, Poland, Dmca, Jones


NRA-ILA: California AG Seeks Further Review of Ruling in Magazine Case

Friday, the California Attorney General's office filed a petition for an en banc hearing in Duncan v. Becerra IMG NRA-ILA U.S.A. -(AmmoLand.com)- Friday, the California Attorney General's office filed a petition for an en banc hearing in Duncan v. Becerra—the NRA funded case challenging California's ban on the possession of magazines capable of holding more than 10 rounds. The petition was expected after the 9th Circuit court of appeals affirmed that the ban violated the Second Amendment on Au...
Tags: Guns, California, Circuit, Nra, Duncan, 9th Circuit, California AG, LCMS, Xavier Becerra, NRA-ILA, Gun Rights News, Institute for Legislative Action ILA, National Rifle Association of America ILA, Becerra, AG Becerra, Jason Ouimet


Court will not stay NCAA athlete-compensation ruling

The Supreme Court declined on Tuesday to block a lower-court ruling that allows colleges and universities to pay some student-athletes for expenses related to education. The National Collegiate Athletic Association and a group of athletic conferences had asked the justices to stop the ruling by the U.S. Court of Appeals for the 9th Circuit from going into effect while they seek review of that decision in the Supreme Court. Justice Elena Kagan, who handles emergency requests from the 9th Circuit,...
Tags: Featured, Supreme Court, Law, California, Court, Ncaa, 9th Circuit, Howe, U S Court of Appeals, Elena Kagan, Kagan, NCAA Division, Seth Waxman, Emergency appeals and applications, The National Collegiate Athletic Association


Court reinstates Oregon ballot-initiative rules

For the fifth time this year, the Supreme Court set aside a lower-court order that would have altered state election rules in response to the coronavirus pandemic. The justices on Tuesday granted an emergency request by the state of Oregon to put on hold a ruling by a federal district judge that would have required the state to relax its requirements for getting a proposed amendment to the state’s constitution on the ballot in the November election. Two justices – Ruth Bader Ginsburg and Sonia S...
Tags: Featured, Supreme Court, Law, Oregon, Alabama, Idaho, Wisconsin, Republican Party, Ruth Bader Ginsburg, Republican National Committee, Rhode Island, Sonia Sotomayor, 9th Circuit, Howe, Ginsburg, Sotomayor


Siding with jail officials, court lifts injunction that imposed coronavirus safety measures

A divided Supreme Court on Wednesday revoked a lower-court order that required a California jail to implement stricter health and safety measures in response to the coronavirus pandemic. The 5-4 decision to undo the lower court’s injunction is the latest in a series of emergency rulings the justices have issued in disputes relating to the pandemic. The decision drew an eight-page dissent from Justice Sonia Sotomayor, who accused the five-justice majority of disregarding the lower court’s factual...
Tags: Featured, Supreme Court, Law, California, Cdc, Idaho, Circuit, Centers For Disease Control And Prevention, Sonia Sotomayor, 9th Circuit, Barnes, Sotomayor, Elena Kagan, Santa Ana California, Orange County Jail, U S Court of Appeals for the 9th Circuit


Symposium: Religions’ wins are losses

This is the first entry in a SCOTUSblog symposium on the Roberts court and the religion clauses. Leslie C. Griffin is the William S. Boyd professor of law at the University of Nevada, Las Vegas. She is the author of Law and Religion: Cases and Materials. She wrote amicus briefs in support of the respondents in Little Sisters of the Poor v. Pennsylvania and Our Lady of Guadalupe School v. Morrissey-Berru, and she is writing an amicus brief in support of the respondent in Fulton v. City of Philade...
Tags: Featured, Supreme Court, Law, Congress, Montana, Fbi, Pennsylvania, United States, Pakistan, Philadelphia, Catholic, Ruth Bader Ginsburg, Salvation Army, Trump, Thomas, Sonia Sotomayor


Court allows border-wall construction to continue

The Supreme Court on Friday turned down a plea from opponents of President Donald Trump’s border wall to order a temporary stop to construction. By a vote of 5-4, the justices declined to lift a stay, entered just over a year ago, that allowed the federal government to continue to spend federal funds on construction while a legal challenge to the wall continues. The challengers had urged the Supreme Court to intervene last week, telling the justices that if the stay were not lifted, the Trump ad...
Tags: Featured, Supreme Court, Law, Congress, California, Mexico, Pentagon, Donald Trump, Wall, Sierra Club, Trump, Sonia Sotomayor, American Civil Liberties Union, 9th Circuit, Howe, Stephen Breyer


Court reinstates Idaho ballot initiative rules

The Supreme Court on Thursday put on hold rulings by a federal court in Idaho that had relaxed the state’s rules for ballot initiatives for the November 2020 election. The Supreme Court’s order, which drew a sharp dissent from Justice Sonia Sotomayor, was the latest in a series of disputes arising from the COVID-19 pandemic to reach the justices, who have now on several occasions signaled that federal courts should not alter rules relating to an election even to accommodate concerns arising from...
Tags: New York, Featured, Supreme Court, Law, Alabama, Idaho, Ruth Bader Ginsburg, Republican National Committee, Sonia Sotomayor, John Roberts, 9th Circuit, Roberts, Howe, U S Court of Appeals, Ninth Circuit, Sotomayor


Trump administration urges justices to allow continued border-wall construction

One week after opponents of President Donald Trump’s border wall asked the justices to order a temporary halt to construction, the Trump administration on Wednesday told the Supreme Court that the government should be allowed to continue to spend federal funds on construction while a legal challenge continues. Last week’s filing by the Sierra Club and the Southern Borders Communities Coalition, the Trump administration wrote, doesn’t make any new arguments that would justifying lifting the Supre...
Tags: Featured, Supreme Court, Law, Congress, California, Mexico, Department Of Defense, Pentagon, Donald Trump, Sierra Club, Trump, 9th Circuit, Howe, U S Court of Appeals, SBCC, Emergency appeals and applications


Opponents of border wall ask court to lift year-old stay and halt construction

It has been just under a year since a divided Supreme Court allowed the government to spend federal funds on the construction of President Donald Trump’s border wall while a legal challenge proceeded. Opponents of the wall returned to the Supreme Court on Wednesday, asking the justices to revisit the issue and order a temporary halt to the construction. Otherwise, they argued, the government will achieve “a complete victory despite having lost in every court,” because it will be able to finish t...
Tags: Featured, Supreme Court, Law, Congress, California, Mexico, Department Of Defense, Pentagon, Donald Trump, Department Of Homeland Security, Sierra Club, 9th Circuit, Howe, U S Court of Appeals, Emergency appeals and applications, Southern Borders Communities Coalition


Before the summer recess, one last set of grants

This afternoon the Supreme Court issued a final set of orders – often called the “clean-up” orders – before its summer recess. The justices sent several cases back to the lower courts for another look in light of the court’s recent decisions holding that, for purposes of the federal Major Crimes Act, much of eastern Oklahoma remains a Native American reservation and that the Trump administration did not violate the Affordable Care Act or the notice provisions of federal laws governing administra...
Tags: Facebook, Featured, Supreme Court, Law, Georgia, SEC, Oklahoma, Collins, Federal Trade Commission, Securities And Exchange Commission, Ftc, Trump, Freddie Mac, 9th Circuit, Treasury Department, Liu


The Light That You Shine can be Seen: Federal Circuit on Seal

by Dennis Crouch Uniloc 2017 LLC v. Apple, Inc. and the Electronic Frontier Foundation (EFF) (Fed. Cir. 2020) This is a case about open courts and the public nature of our civil justice system. During litigation, Uniloc designated some amount of material as “highly confidential” as defined by a protective order entered by N.D. Cal. Judge Alsup.  Apple then referenced the material in a motion to dismiss as did Uniloc in its brief-in-opposition. The parties filed motions to seal the material with ...
Tags: Apple, Supreme Court, Law, Samsung, Patent, Apple Inc, Fed, 9th Circuit, Ninth Circuit, FN, Federal Circuit, Koller, Dennis Crouch, Uniloc, Samsung Elecs Co, Uniloc 2017 LLC


Opinion analysis: Court rules that Catholic elementary school teachers are “ministers,” cannot sue for employment discrimination

In 2012, the Supreme Court ruled that a doctrine known as the “ministerial exception,” which bars ministers from suing churches and other religious institutions for employment discrimination, prohibited a lawsuit filed by a teacher at a Lutheran school who was also an ordained minister. Today, by a vote of 7-2, the court held in Our Lady of Guadalupe School v. Morrissey-Berru that the exception also forecloses lawsuits by two teachers at Catholic elementary schools in southern California. Althou...
Tags: Featured, Supreme Court, Law, California, Los Angeles, Css, United States, Philadelphia, Catholic, Jesus Christ, Sonia Sotomayor, Fulton, 9th Circuit, The Supreme Court, Torrance, Howe


Justices grant new cases, send Indiana abortion cases back for a new look

This morning the Supreme Court issued orders from the justices’ private conference yesterday. The justices granted five new cases, for a total of four additional hours of argument. The biggest news from the order list was the announcement (which I covered in a separate post) that the court will weigh in on whether the Department of Justice must disclose secret materials from Special Counsel Robert Mueller’s investigation to the House Judiciary Committee. The remaining new cases, which are likely...
Tags: Texas, Featured, Supreme Court, Law, Congress, California, Planned Parenthood, Kentucky, Germany, Nazis, Berlin, City, Indiana, Hungary, United States, Mali


Opinion analysis: Court strikes down restrictions on removal of CFPB director but leaves bureau in place

In response to the 2008 financial crisis, Congress created the Consumer Financial Protection Bureau, a federal agency with approximately 1,500 employees that tackles everything from payday loans to financial literacy programs and helping consumers navigate the COVID-19 pandemic. The director of the CFPB, Kathy Kraninger, was appointed by President Donald Trump and confirmed by the Senate in December 2018 to serve a five-year term. Under the law that created the CFPB, Kraninger can be removed fro...
Tags: Featured, Supreme Court, Law, Congress, California, Senate, United States, Social Security Administration, Donald Trump, Paul Clement, Federal Trade Commission, Securities And Exchange Commission, Thomas, Sonia Sotomayor, John Roberts, 9th Circuit


Opinion analysis: Court confirms limitations on federal review for asylum seekers

In a 7-2 decision, the Supreme Court in Department of Homeland Security v. Thuraissigiam upheld a scheme of limited and narrow judicial review over expedited removal, a bare-bones administrative process created under the 1996 Illegal Immigration Reform and Immigrant Responsibility Act. Expedited removal allows an immigration official to make the immediate decision to deport a person without a hearing if the person is apprehended within 100 miles of a border and if they cannot prove they have liv...
Tags: Featured, Guantanamo Bay, Supreme Court, Law, Congress, Court, Afghanistan, United States, Cuba, Ruth Bader Ginsburg, Sri Lanka, Executive Branch, Thomas, Sonia Sotomayor, 9th Circuit, Alito


United States: It Settled—Now What? Ninth Circuit Limits Settling Plaintiffs' Ability To Appeal Orders Denying Class Certification - Akin Gump Strauss Hauer & Feld LLP

The 9th Circuit has held that settlement of a plaintiff's individual claims moots the appeal of an order denying class certification,...
Tags: News, United States, 9th Circuit, Gump Strauss Hauer, Feld LLP, Ninth Circuit Limits Settling Plaintiffs


Petitions of the week

This week we highlight petitions pending before the Supreme Court that ask the court to decide, among other things, whether a police officer can access “semiprivate” areas within a home’s curtilage to conduct an investigation without a warrant, whether the U.S. Court of Appeals for the 9th Circuit erred when it granted habeas relief based on a de novo finding that a Sixth Amendment violation had occurred, and whether the U.S. Court of Appeals for the 4th Circuit misapplied Supreme Court preceden...
Tags: New York, Supreme Court, Law, Vermont, Thomas, United Parcel Service Inc, 9th Circuit, Barnes, Brecht, U S Court of Appeals, Abrahamson, Tompkins, United Parcel Service, Retzlaff, Shinn, 4th Circuit


Supreme Court upholds California’s sanctuary law

By Greg Stohr The U.S. Supreme Court dealt a blow to the Trump administration’s immigration policies, letting stand a California sanctuary law that restricts local police from helping federal authorities round up and deport people who are in the country illegally. : The justices left intact a federal appeals court decision that upheld the central part of the 2017 California law. The administration argued in its unsuccessful appeal that the measure undermines deportation efforts, violating federa...
Tags: News, Supreme Court, California, California News, San Francisco, Barack Obama, Sport, Soccer, United States, Donald Trump, Trump, U S Supreme Court, 9th Circuit, Greg Stohr, 9th U S Circuit Court of Appeals, Clarence Thomas


Petitions of the week

This week we highlight petitions pending before the Supreme Court that involve, among other things, whether the due process clause requires that a child receive an individualized hearing before being placed in criminal court to be tried as an adult, whether qualified immunity is an affirmative defense that state actors must assert or a shield that federal appellate courts may raise on their own initiative, and whether a district court’s discretion to vary from the U.S. Sentencing Commission’s se...
Tags: Supreme Court, Law, United States, Louisiana, Farmer, Pearson, Board, 9th Circuit, Callahan, Gamble, Hamner, Estelle, University of New Mexico, U S Court of Appeals, Brennan, Kimbrough


Internet Law at the Supreme Court

Although I love teaching patent law, my favorite class to teach is often Internet Law. This next year I’ll be teaching it both to law students and as a sophomore-level undergraduate class. One thing that is great about the class is that all of the students already have a set of preconceived notions about how internet society should work, but without much information about the legal background. Here are three cases Supreme Court petitions that I’ve been following that are closely related to civil...
Tags: Facebook, Supreme Court, Law, Obama, Linkedin, University, Republican Party, Patent, Trump, Hunt, 9th Circuit, Board of Regents, University of New Mexico, UNM, CDA, Twitter Google


Sequel Watch

John Elwood reviews Monday’s relists. For more than a month, most of the relist action has featured big knots of relists involving just two blockbuster issues — challenges to qualified immunity and Second Amendment challenges to firearm regulations and not much else. This week, as the Supreme Court faces the end of the term in about a month, there is a decided uptick in the variety of cases that are being seriously considered for plenary review. And they consist of six cases that are (at least k...
Tags: Texas, Featured, Maryland, Supreme Court, Law, California, Washington, Massachusetts, West, United States, New Jersey, Archer, Kansas, District Of Columbia, Illinois, Department Of Homeland Security


Ask the authors: The long and winding road from shortlisted to selected for female Supreme Court nominees

The following is a series of questions posed by Ronald Collins to Renee Knake Jefferson and Hannah Brenner Johnson in connection with their new book, “Shortlisted: Women in the Shadows of the Supreme Court” (New York University Press, 2020), which tells the untold stories of women that presidents considered as justices for the Supreme Court in the decades before Sandra Day O’Connor’s confirmation. Renee Knake Jefferson is a professor of law and the Joanne and Larry Doherty Chair in Legal Ethics ...
Tags: New York, Featured, Supreme Court, Law, Obama, California, Washington Post, Washington, Senate, White House, Book Reviews, Reagan, Joe Biden, Ronald Reagan, New York Times, Jimmy Carter


Petitions of the week

This week we highlight petitions pending before the Supreme Court that involve, among other things, under what circumstances the foregone-conclusion exception to the Fifth Amendment privilege against self-incrimination might apply to the compelled production of passwords to encrypted electronic devices, and when the Federal Communications Commission under the Telecommunications Act of 1996 may repeal or modify media ownership rules that it determines are no longer “necessary in the public intere...
Tags: Supreme Court, Law, Pennsylvania, United States, Federal Communications Commission, Davis, Nevada, Baker, Bell, 9th Circuit, Fisher, U S Court of Appeals, 3rd Circuit, National Association of Broadcasters, Cases in the Pipeline, Prometheus Radio Project


Cases Attacking the Second Amendment the Supreme Court Refused to Hear

Cases Attacking the Second Amendment the Supreme Court Refused to Hear, iStock-1020504756 U.S.A. –-(AmmoLand.com)- Because the U.S. Circuit Court of Appeals, in cases discussed infra,* had blatantly ignored and dismissed Heller and McDonald precedent, Justice Thomas and the late Justice Scalia, and, later, Justice Gorsuch, were visibly annoyed, angered really, at the failure of the High Court to take up any of the cases, as evidenced in several dissenting comments. These cases include: Silve...
Tags: Maryland, Guns, Supreme Court, California, Court, US, San Francisco, High Court, Chicago, New Jersey, States, Circuit, Drake, Jackson, District Of Columbia, Columbia


Argument analysis: Justices divided in debate over “ministerial exception”

This morning the Supreme Court heard oral argument in a pair of cases filed by two teachers in southern California, who sued the Catholic schools where they worked after they learned that their contracts wouldn’t be renewed. The Catholic schools have urged the courts to throw out the teachers’ cases, relying on a doctrine known as the “ministerial exception,” which bars ministers from suing churches and other religious institutions for employment discrimination. In 2012, the Supreme Court ruled ...
Tags: Featured, Supreme Court, Law, California, Judaism, Vatican, Catholic, Ruth Bader Ginsburg, Matthew, Thomas, Sonia Sotomayor, John Roberts, 9th Circuit, Fisher, EEOC, Roberts


U.S. women’s soccer players ask for equal pay appeal, trial delay

American women’s soccer players want to delay a trial until after an appellate court reviews last week’s decision to throw out their claim of unequal pay while allowing allegations of discriminatory work conditions to move forward. Lawyers for the women filed a motion Friday night asking U.S. District Judge R. Gary Klausner in Los Angeles to enter a final judgment on his decision to dismiss their pay claim, which would allow them to take the case to the 9th U.S. Circuit Court of Appeals in San F...
Tags: Sports, Los Angeles, Sport, Soccer, Lafc, 9th Circuit, Levinson, 9th U S Circuit Court of Appeals, U S Soccer Federation, Klausner, USSF, Gary Klausner, Cal State, Cindy Parlow Cone, U S District Judge R, Klauser