Posts filtered by tags: 9th Circuit[x]


 

Order forcing city and county to house all of Skid Row’s homeless goes before appeals court

LOS ANGELES — A federal appeals panel will hear arguments Wednesday in the city and county of Los Angeles’ bid to place a stop on a judge’s order forcing local government to offer shelter to every homeless person on Skid Row by the middle of October. The U.S. 9th Circuit Court of Appeals hearing will take place at a federal courthouse in Honolulu, but will be live-streamed and archived on YouTube. In May, the appeals court put a temporary hold on the order pending additional hearings. The sta...
Tags: Politics, News, La, California News, Los Angeles, Sport, Soccer, Homeless, Carter, Honolulu, 9th Circuit, Tarzana, LA County, U S 9th Circuit Court of Appeals, Top Stories LADN, Top Stories IVDB


One of the oldest problems in America persists: How to protect the voting rights of non-white citizens

This article is the first entry in a symposium on the court’s decision in Brnovich v. Democratic National Committee. Ciara Torres-Spelliscy is a professor of law at Stetson University College of Law, a fellow at the Brennan Center, and the author of the book Political Brands. She writes for herself and not her organizations. The year 2021 marked the 151st anniversary of the 15th Amendment to the Constitution, which makes racial discrimination in voting unconstitutional. The Supreme Court place...
Tags: John Lewis, Featured, Supreme Court, Law, Congress, Senate, America, Arkansas, Arizona, Civil Rights, Republican Party, Donald Trump, Trump, Rnc, 9th Circuit, The Supreme Court


How the Supreme Court threw the Biden administration's ramped-up voting rights agenda off the rails

A recent Supreme Court decision throws a wrench into the Biden administration's voting rights efforts Anna Moneymaker/Getty Images The Supreme Court just threw the Biden admin's voting rights agenda off the rails. The Court made it harder for plaintiffs to prove discrimination under the Voting Rights Act. It also causes a quagmire for the Department of Justice's voting rights lawsuits. See more stories on Insider's business page. Shortly after the Supreme Court handed dow...
Tags: Politics, Supreme Court, Congress, Washington, Senate, White House, Court, US, Dnc, Trends, Georgia, Joe Biden, Analysis, Gop, Washington Dc, New York Times


Divided court invalidates California donor-disclosure rules

This article was updated on July 1 at 6 p.m. The Supreme Court on Thursday struck down California’s requirement that charities and nonprofits operating in the state provide the state attorney general’s office with the names and addresses of their largest donors. The 6-3 ruling in Americans for Prosperity Foundation v. Bonta was a major victory for the two nonprofit challengers, which had argued that the rule violates the First Amendment by deterring their donors from making contributions. In a ...
Tags: Featured, Supreme Court, Law, California, Irs, Charles Koch, Sonia Sotomayor, John Roberts, 9th Circuit, Roberts, Howe, U S Court of Appeals, Sotomayor, Stephen Breyer, Clarence Thomas, Samuel Alito


Court upholds Arizona voting restrictions, limits cases under Voting Rights Act

This article was updated on July 1 at 5:45 p.m. On the last day before its summer recess, the Supreme Court issued a major decision on voting rights that will make it more difficult to contest election regulations under the Voting Rights Act. By a vote of 6-3, the justices upheld two Arizona voting provisions that Democrats and civil rights groups challenged as disproportionately burdening minority voters. In an opinion by Justice Samuel Alito, the majority outlined what it described as “guidep...
Tags: Featured, Supreme Court, Law, Congress, Court, America, United States, Arizona, State, 9th Circuit, Howe, Alito, Democratic National Committee, U S Court of Appeals, Shelby County, Holder


Supreme Court upholds Arizona voting limits in a major ruling concerning a key part of the Voting Rights Act

Voters arrive at the Eloy City Hall polling location on November 3, 2020 in Eloy, Arizona Courtney Pedroza/Getty Images The Supreme Court upheld two GOP-passed Arizona voting laws in a ruling. The court was tasked with deciding whether the laws violate Section 2 of the Voting Rights Act. The case has possible implications for new GOP voting cases and the upcoming redistricting cycle. See more stories on Insider's business page. The US Supreme Court ruled 6-3 to uphold two Arizona votin...
Tags: Politics, Elections, Supreme Court, Congress, Court, US, Dnc, Trends, Gop, Arizona, Republican, US District Court, US supreme court, Vra, Voting Rights, Afp


Justices won’t intervene in dispute over transgender rights and bathrooms

The Supreme Court said Monday it will not take up a dispute over whether transgender students must be allowed to use restrooms that match their gender identities. The justices also added a First Amendment case and an immigration case to their docket for next term, and they ordered a lower court to take a closer look at a wrongful-death lawsuit by the parents of a man who died after police officers pinned him to the ground while he was handcuffed. Those items and others were part of a busy Monda...
Tags: Featured, Supreme Court, Law, Montana, Washington, Virginia, Massachusetts, Iraq, India, Court, San Francisco, Georgia, Indiana, Austin, United States, Wyoming


Domino Pizza’s Website Violated the Americans With Disabilities Act (ADA)–Robles v. Domino’s

This ruling follows up the precedent-setting 9th Circuit ruling from 2019, Robles v. Domino’s Pizza. The 9th Circuit held that the ADA applies to Domino’s website and app. The 9th Circuit remanded the case back to the district court to determine if Domino’s website and app complied with the ADA. To no one’s surprise, the answer is no. Domino’s argued that its physical stores, and not the website/app, are the places of public accommodation. Domino’s corporate runs the website/app, and the franchi...
Tags: Law, E-commerce, Netflix, Harvard, Missouri, Ada, Young, Domino, 9th Circuit, Martinez, Gil, Winn Dixie, Robles, Ouellette, WCAG, Content Regulation


Immigration, takings, administrative law and the kitchen sink

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. The last scheduled conference of the Supreme Court’s term — which this term is being held Thursday — is usually one that yields many grants. So perhaps unsurprisingly, the court has relisted 10 cases for this conference. We’ll begin with Patel v. Garland, 20-979, which seems a likely grant, because the government, as respondent, agr...
Tags: Featured, Supreme Court, Law, Court, San Francisco, City, Georgia, Chicago, Austin, Pennsylvania, United States, New York Times, Davis, Medicare, Woodford, Johnson


California 'assault weapons' ban repeal blocked by 9th Circuit

The 9th Circuit Court of Appeals temporarily blocked a federal district court ruling that would have repealed California's assault weapons ban.
Tags: California, 9th Circuit Court of Appeals, 9th Circuit


A federal appeals court blocked a judge's ruling that would throw out California's assault weapon ban

Workers arrange AR-15 style rifles on a wall that are for sale at Davidson Defense in Orem, Utah on February 4, 2021. GEORGE FREY/AFP via Getty Images A federal appeals court Monday blocked a lower court's decision to throw out California's ban on assault weapons. US District Judge Roger T. Benitez earlier in June struck down California's decades-long ban. But a three-judge panel Monday issued an indefinite stay on his order. See more stories on Insider's business page. A t...
Tags: Politics, News, California, US, Trends, George W Bush, Benitez, 9th Circuit, U S Court of Appeals, Orem Utah, Assault Weapons, Bonta, George Frey, Rob Bonta, Getty Images A, Roger T Benitez


Federal Appeals Court Grants Stay On Lifting California’s Assault Weapon Ban

SACRAMENTO (CBS13/CNN) — A federal appeals court has granted California a stay on its assault weapons ban as the state appealed a decision to lift it. As the 9th Circuit Court of Appeals considers the state’s appeal of the decision by U.S. District Judge Roger Benitez in early June, the state requested a stay on lifting the ban, which the court granted Monday. State Attorney General Rob Bonta celebrated the 9th Circuit’s decision on Twitter. #BREAKING: The 9th Circuit granted our motion to stay...
Tags: New York, News, Supreme Court, California, US, Local, Seen On, Syndicated Local, Sacramento, Cnn, Washington Dc, Stockton, Illinois, US supreme court, Gavin Newsom, Miller


Justices scuttle lawsuit against Nestlé, Cargill for allegedly aiding child slavery abroad

This article was updated on June 17 at 7:15 p.m. The Supreme Court on Thursday threw out a lawsuit alleging that two U.S.-based companies, Nestle and Cargill, facilitated human-rights abuses on cocoa plantations in the Ivory Coast. By a vote of 8-1, the justices ruled that the lawsuit cannot go forward because it is based on conduct that occurred overseas. Although the decision was obviously a victory for the two companies, it was not the sweeping one that the business community had sought. The...
Tags: Featured, Supreme Court, Law, Congress, California, United States, Mali, Ivory Coast, Cargill, Nestle, Thomas, John Roberts, 9th Circuit, The Supreme Court, Howe, Alito


Justices united against “magic words” and judge-made rules on asylum seekers’ credibility

Last week in Garland v. Dai and Garland v. Alcaraz-Enriquez, the Supreme Court held that reviewing courts cannot treat an asylum seeker’s testimony as credible unless the agency first finds the applicant credible. The unanimous opinion, penned by Justice Neil Gorsuch, rejected the contrary approach of the U.S. Court of Appeals for the 9th Circuit. In argument and briefing, the government contended that the 9th Circuit rule — which took asylum seekers’ testimony as credible when faced with agenc...
Tags: Supreme Court, Law, Congress, Bia, Chevron, 9th Circuit, U S Court of Appeals, Ninth Circuit, Garland, Dai, INA, Gorsuch, Board of Immigration Appeals, Merits Cases, Neil Gorsuch, Chenery


Appeals court to hear arguments next month in LA homelessness lawsuit

By FRED SHUSTER | City News Service LOS ANGELES – A federal appeals court on Thursday, June 10, extended a stay of a judge’s ruling ordering the city and county of Los Angeles to find shelter for thousands of indigent people living on downtown streets and set a hearing to determine whether to keep the mandate on hold or allow it to go forward. The U.S. 9th Circuit Court of Appeals will hear oral arguments from city and county attorneys on July 7, according to a docket item filed Thursday with th...
Tags: Health, News, La, Government, Los Angeles, San Francisco, Sport, Soccer, Homeless, Pasadena, Carter, 9th Circuit, Wilmington, Alliance, LA County, City News Service


When is a habeas petition “second or successive”?

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. The Supreme Court cleared out both of last week’s new relists with dispatch. The court granted cert in Federal Bureau of Investigation v. Fazaga, 20-828, involving whether Section 1806(f) of the Foreign Intelligence Surveillance Act of 1978, which creates procedures for people to seek to suppress FISA evidence that will be introduce...
Tags: Featured, Supreme Court, Law, Congress, California, Court, Arizona, Davis, Woodford, California Supreme Court, Miranda, Federal Bureau of Investigation, Reeves, Sonia Sotomayor, Scott, 9th Circuit


"The Last Jedi" and "The Rise of Skywalker" declared mediocre in court ruling

In the recent 9th Circuit US Court case involving ConAgra Foods Inc. and a class action settlement about the marketing of Wesson Oils, a brand formerly owned by ConAgra, as being "100% natural," the presiding Judge Kenneth K. Lee made an extraordinary legal decree about Star Wars. — Read the rest
Tags: Star Wars, Post, News, Judges, 9th Circuit, Skywalker, ConAgra Foods Inc, ConAgra, Legal System, The Last Jedi, Rise of Skywalker, Kenneth K Lee, Judges Gone Wild, Trash-talkin Judges, 9th Circuit US Court, Wesson Oils


Affirmation of inherent tribal power to police blurs civil and criminal Indian law tests

On Tuesday in United States v. Cooley, the Supreme Court upheld a power that tribal governments have long assumed they possessed as a basic necessity of ensuring public safety. The court held that tribal governments — and thus their police officers — retain the power to temporarily stop, and if necessary, search non-Indians traveling on public rights-of-way (highways) through reservations for suspected violations of federal or state laws. The unanimous opinion was authored by Justice Stephen Br...
Tags: Law, Congress, Montana, United States, Shirley, Reina, 9th Circuit, The Supreme Court, U S Court of Appeals, Stephen Breyer, Breyer, Samuel Alito, Kavanaugh, Cooley, Oliphant, Merits Cases


Justices grant state secrets case, won’t tackle male-only draft

The Supreme Court on Monday announced that it would add another case involving the state secrets privilege, which allows the government to block the release of sensitive national security information in litigation, to its argument calendar for next term. The court also turned down a challenge to the requirement that only men register for the draft, with three justices explaining that Congress is examining the issue right now. Both announcements came on the list of orders that the justices relea...
Tags: Featured, Guantanamo Bay, Supreme Court, Law, Congress, Department Of Defense, Fbi, Muslim, Cia, Anthony Davis, Muslims, Federal Bureau of Investigation, Sonia Sotomayor, American Civil Liberties Union, 9th Circuit, Howe


State secrets and the constitutionality of the male-only draft

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. The world was in balance this week, as the Supreme Court cleared out two relisted cases even as it took on two new relists. Good news for the petitioner in Unicolors, Inc. v. H&M Hennes & Mauritz, L.P., 20-915, as the court agreed to decide whether knowing falsity alone is enough to justify invalidating a copyright, or whether a par...
Tags: Featured, Supreme Court, Law, Congress, California, Court, Department Of Defense, Fbi, United States, Davis, Woodford, California Supreme Court, Federal Bureau of Investigation, Sanders, Reeves, Scott


9th Circuit Judge Tries To Be Funny, Fails

But, I mean, he's right about the Star Wars movies.
Tags: Law, Courts, 9th Circuit, John Owens, Kenneth Lee


Justices unanimously rule against asylum seekers on question of credibility

The Supreme Court on Tuesday sided with the federal government in a dispute over when federal courts can treat asylum seekers’ testimony as credible. In a unanimous opinion in the consolidated cases of Garland v. Dai and Garland v. Alcaraz-Enriquez, the court rejected the approach of the U.S. Court of Appeals for the 9th Circuit, which had previously taken asylum seekers’ testimony as credible when reviewing cases where immigration courts were silent on applicants’ credibility. Justice Neil Gor...
Tags: Featured, Supreme Court, Law, Congress, Mexico, China, United States, 9th Circuit, Ninth Circuit, Garland, Dai, INA, Gorsuch, Board of Immigration Appeals, Merits Cases, Neil Gorsuch


First Amendment questions and California arbitration battles

This week we highlight cert petitions that ask the Supreme Court to consider, among other things, the scope of the First Amendment — specifically, whether a law forbidding clandestine recordings is overbroad and whether a state may require individuals to carry identification cards labeled “SEX OFFENDER.” Next, we explore the bounds of the Federal Arbitration Act, with a pair of petitions arguing that California’s efforts to restrict arbitration agreements undermine federal law. Two petitions...
Tags: Featured, Supreme Court, Law, California, Massachusetts, Graham, Connor, Louisiana, California Supreme Court, Faa, Lewis, Hill, 9th Circuit, Hughes, Rollins, U S Court of Appeals


Habeas restrictions, copyright and the potential return of the “community caretaking” exception

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. After the Supreme Court’s spring cleaning last week, the justices were down to just two relists on their rolls. Then on this week’s order list, the court denied cert on one of the remaining two, 10-time relist Johnson v. Precythe, 20-287, involving a death row prisoner’s method-of-execution claim under the Eighth Amendment. Three ju...
Tags: Featured, Supreme Court, Law, Congress, Court, Alabama, United States, Williams, Davis, New Mexico, Woodford, Johnson, Illinois, California Supreme Court, Sanders, Copyright Office


Court rejects non-citizen’s challenge to criminal re-entry charge

The Supreme Court on Monday unanimously ruled against a non-U.S. citizen who was contesting his indictment for criminal re-entry into the country. The case, United States v. Palomar-Santiago, involved Refugio Palomar-Santiago, a Mexican citizen who became a lawful permanent resident – that is, a green card holder – in 1990. Eight years later, an immigration judge found that his California conviction for driving under the influence was an aggravated felony under the federal immigration laws. Pal...
Tags: Featured, Supreme Court, Law, Congress, California, Court, United States, Sonia Sotomayor, 9th Circuit, Gonzalez, U S Court of Appeals, Customs Enforcement, Lopez, Holder, Sotomayor, Ashcroft


Court rejects non-citizen’s challenge to “unlawful re-entry” charge

The Supreme Court on Monday unanimously ruled against a non-U.S. citizen who was contesting his indictment for unlawful re-entry into the country. The case, United States v. Palomar-Santiago, involved Refugio Palomar-Santiago, a Mexican citizen who obtained lawful permanent residency in the United States in 1990. Eight years later, he was deported on the basis of a California conviction for driving under the influence. But after his deportation, the Supreme Court ruled in Leocal v. Ashcroft tha...
Tags: Featured, Supreme Court, Law, Congress, California, United States, 9th Circuit, U S Court of Appeals, Ninth Circuit, Sotomayor, Ashcroft, Merits Cases, Leocal, Palomar Santiago, Justice Sonia Sotomayor the Supreme Court, Refugio Palomar Santiago


Transparency, resentencing and preemption questions

This week we highlight petitions that ask the Supreme Court to consider, among other things, whether the First Amendment gives members of the public a right to obtain secret judicial decisions authorizing intelligence surveillance, the factors a judge must consider in resentencing under the First Step Act, and how federal employment and bankruptcy laws interact with and possibly preempt different state laws. American Civil Liberties Union v. United States tests whether the First Amendment requi...
Tags: Usa, Featured, Supreme Court, Law, Congress, Abc, California, Massachusetts, Los Angeles, United States, Aclu, Long Beach, Houston, Terry, Federal Aviation Administration, American Civil Liberties Union


LA judge’s Skid Row housing order put on hold by appeals court

By FRED SHUSTER | City News Service LOS ANGELES — A federal appeals court put a brief hold Thursday on a judge’s order that the city and county of Los Angeles must offer housing to the homeless population of Skid Row by the middle of October. Attorneys for the county asked the U.S. 9th Circuit Court of Appeals two weeks ago for an emergency stay of U.S. District Judge David O. Carter’s April 20 housing order, arguing that the ruling is overly broad and causes more problems than it solves. In its...
Tags: News, Housing, La, California News, Los Angeles, Sport, Soccer, Homeless, Staples Center, Carter, 9th Circuit, Sun Valley, LA County, City News Service, Skid Row, U S 9th Circuit Court of Appeals


Arbitration (again), habeas (again), and excessive police force (again)

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. The Supreme Court had two weeks off between considering which cases to review, which unsurprisingly means the justices have a lot of petitions before them for Thursday’s conference: 249 by my count. They will be considering three of those petitions for a second time because the court relisted them after discussing them at the April ...
Tags: Health, Featured, Maryland, Supreme Court, Law, United States, Arizona, Circuit, Johnson, Jones, Scott, HARRIS, Gilbert, 9th Circuit, Martinez, Allen


Justices add new cases on state secrets, free speech

The Supreme Court issued orders on Monday morning from the justices’ private conference on Friday, April 23. The court added three new cases to its docket for arguments next fall, including a major new case (covered in this article) on the scope of the Second Amendment right to carry a gun outside the home. The justices also turned down (at least for now) efforts by a group of states, led by Texas, to revive litigation over the “public charge” rule after the Biden administration refused to defe...
Tags: Texas, Featured, Guantanamo Bay, Maryland, Supreme Court, Law, California, Washington, Oregon, United States, Pakistan, Alaska, Poland, Philadelphia, Cia, Volkswagen