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13 Jul 2011, 10:15 am
The Obama administration's stance on the Defense of Marriage Act was also cited this week by the Ninth Circuit Court of Appeals in San Francisco when it ordered the Pentago to immediately stop enforcing the 17-year old law ("Don't ask, Don't tell"), that prohibits gay men, lesbians and bisexuals from serving openly in the U.S. [read post]
13 Jul 2011, 9:43 am
Quite appropriately, the three opinions in the ruling by the Ninth Circuit Court of Appeals on the constitutionality of Arizona’s S.B. 1070 focus on the specific legal questions of whether four provisions of the state law – Sections 2(B), 3, 5(C), and 6 – are preempted by various parts of the federal government’s often-amended Immigration and Nationality Act (INA). [read post]
13 Jul 2011, 6:42 am
Before I quickly run through my constitutional views – which don’t differ much from Judge Carlos Bea’s partial dissent in the Ninth Circuit’s ruling in United States v. [read post]
13 Jul 2011, 6:11 am
Recently, the United States Supreme Court affirmed a 2010 ruling of the Ninth Circuit Court of Appeals and held that a bankruptcy court, as a non-Article III court, did not have the constitutional authority to decide a state law claim brought by a debtor against a creditor, even though the matter was part of the “core” statutory jurisdiction of the bankruptcy court. [read post]
13 Jul 2011, 4:00 am
My nomination for the most clever judicial opinion is United States v. [read post]
12 Jul 2011, 12:24 pm
” Arizona and its amici, however, asserted before the Ninth Circuit that the Court ought to “start with the assumption that the historic police powers of the States were not to be superseded by the Federal Act unless that was the clear and manifest purpose of Congress. [read post]
11 Jul 2011, 7:03 pm
At least in the Ninth Circuit. [read post]
11 Jul 2011, 11:52 am
On June 20, 2011, the United States Supreme Court decided Wal-Mart Stores, Inc. v. [read post]
11 Jul 2011, 8:33 am
Arizona’s S.B. 1070 Before considering Whiting’s impact on the Arizona S.B. 1070, let us consider the court of appeals decision in United States v. [read post]
11 Jul 2011, 7:28 am
Court of Appeals for the Ninth Circuit agreed and in April upheld a preliminary injunction against enforcement of four principal provisions of the law. [read post]
11 Jul 2011, 4:38 am
” Other decisions of note include, the Ninth Circuit in Richard D. [read post]
11 Jul 2011, 3:15 am
Court of Appeals for the Eighth Circuit (which hears all appeals in federal cases filed in the states between North Dakota, Minnesota, Arkansas, and Nebraska), reversed a preliminary injunction imposed by the U.S. [read post]
10 Jul 2011, 3:16 pm
” United States v. [read post]
8 Jul 2011, 1:38 pm
On appeal, the Ninth Circuit first addressed the district court’s dismissal of Ms. [read post]
8 Jul 2011, 7:33 am
The United States Supreme Court has granted review of a Ninth Circuit union fee decision that will consider: whether a state may condition employment on the payment of a special union assessment intended solely for political and ideological expenditures without first providing a notice that includes information about that assessment and an opportunity to object to the fees; and whether continued public employment may be conditioned on the payment… [read post]
7 Jul 2011, 2:51 pm
Pursuant to California Rules of Court, rule 8.548, the Ninth Circuit has certified the following question to the California Supreme Court: “Whether under Article II, Section 8 of the California Constitution, or otherwise under California law, the official proponents of an initiative measure possess either a particularized interest in the initiative’s validity or the authority to assert the State’s interest in the… [read post]
7 Jul 2011, 1:32 pm
Court of Appeals, Ninth Circuit, Case Nos. 09-16245 and 09-16796. [read post]
7 Jul 2011, 5:01 am
And the New York Times reports: A three-judge panel of the United States Court of Appeals for the Ninth Circuit issued a two-page order against the policy known as “don’t ask, don’t tell” in a case brought by the groupLog Cabin Republicans. [read post]
7 Jul 2011, 4:15 am
The Ninth Circuit disagreed. [read post]
7 Jul 2011, 3:03 am
Court of Appeals for the Ninth Circuit yesterday lifted its stay of a district court injunction against implementation by the Department of Defense of the statutorily mandated "Don't Ask; Don't Tell" policy. [read post]
