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Tag Archives: Ninth

Energy and Global Warming News for December 17th: World’s biggest wind farm advances; CEC approves ninth California solar project in four months; What does the future hold for concentrating PV?

World’s Biggest Wind Farm One Step Closer to Reality Somewhere out there in Oregon, green job seekers are cheering. The world’s largest wind farm has just cleared another hurdle, with yesterday’s announcement by U.S. Energy Secretary Steven Chu that a partial guarantee for a $ 1.3 billion (yes, billion) loan has been finalized. The 845-megawatt […]

Ninth Circuit panel considers Proposition 8

(Paul) Tonight, I watched the replay of the oral argument before the Ninth Circuit in the appeal of a district court decision overturning Proposition 8. The argument consisted of two phases – standing and the merits. As to standing, even the liberal judges seemed slightly offended by the notion that, through a refusal to defend […]

Ninth Circuit Panel for Prop 8 Case

(Dale Carpenter) The panel hearing the Prop 8 appeal on December 6 will be Judges Stephen Reinhardt, Michael Daly Hawkins, and N. Randy Smith. It’s a good draw for opponents of Prop 8. The two issues on appeal are whether the Prop 8 proponents have standing to appeal and, if so, whether Judge Vaughn Walker […]

Supreme Court Accepts Another Chance to Reverse Ninth Circuit, Uphold First Amendment

By Ilya Shapiro Today, the Supreme Court agreed to review McComish v. Bennett (consolidated with Arizona Free Enterprise v. Bennett), which challenges Arizona’s public financing of elections as an unconstitutional abridgment of speech. Because the case concerns a crucial new battleground in the fight between free speech and “fair” (read: government-controlled) elections, Cato filed an […]

Petition for Certiorari Filed in Pineda-Moreno, The Ninth Circuit GPS Case

(Orin Kerr) A petition for certiorari was recently filed asking the Supreme Court to review United States v. Pineda-Moreno, the Ninth Circuit case allowing warrantless GPS surveillance. I have posted a copy of the cert petition here. There’s been a lot of interest in this case thanks to Judge Kozinski’s over-the-top dissent from denial of […]

Don’t Ask, Don’t Tell: The Ninth Circuit as Court of Last Resort

It comes as no surprise that the Supreme Court has refused to lift the Ninth Circuit’s stay of Judge Virginia Phillips’ injunction (which barred enforcement of Don’t Ask, Don’t Tell) in Perry v. Schwarzenegger. But one question is now answered: Justice Elena Kagan has recused herself from the case. This represents some very good news […]

Supreme Court: DADT Remains in Effect During Ninth Circuit Appeal

(Dale Carpenter) As expected, the Court has upheld the Ninth Circuit’s stay of a district court’s injunction against DADT. There was apparently no dissent on the Court, although Justice Kagan took no part in the decision, presumably because she headed the DOJ during much of the litigation defending the constitutionality of the ban on gay […]

Big doings at the Ninth Circuit

(Paul) The United States Court of Appeals for the Ninth Circuit heard oral argument yesterday in Arizona’s appeal from a decision blocking enforcement of its immigration enforcement law. Two of the three judges on the panel that heard the appeal – John Noonan and Carlos Bea – are considered conservative jurists. According to the Washington […]

Ninth Circuit, 2–1, Stays DADT Injunction

(Dale Carpenter) The stay is effective while the appeal is pending, meaning that DADT is in effect until at least early 2011 (or until it is repealed by Congress). The opinion is here. Judges O’Scannlain and Trott were in the majority; Judge Fletcher partially dissented, preferring to maintain the injunction during the appeal only as […]

Ninth Circuit Stays DADT Injunction

(Dale Carpenter) At the request of President Obama’s Justice Department, the Ninth Circuit has stayed, at least for now, an order from California District Judge Virginia Phillips halting enforcement of DADT. The Ninth Circuit panel consisted of Judges O’Scannlain, Trott and Fletcher. The order states: This court has received appellant’s emergency motion to stay the district court’s […]

Supreme Court Agrees to Review Ninth Circuit Decision on Using Material Witness Statute to Detain Terrorist Suspects

(Orin Kerr) Today the Supreme Court granted cert in Ashcroft v. Al Kidd, the case holding then-Attorney General John Ashcroft personally liable for his role in the detention of terrorist suspects under the material witness statute.  I had a long post on the Ninth Circuit panel decision here: al-Kidd v. Ashcroft: Is Pretextual Use of […]

Ninth Circuit Sanity on Felon Disenfranchisement

Good news out of the liberal (and frequently reversed) Ninth Circuit Court of Appeals — an en banc panel just upheld Washington State’s felon-disenfranchisement law and backtracked from a badly decided earlier opinion (Farrakhan v. Gregoire). Liberals have been attacking state laws that take away the right to vote from persons convicted of felonies. They […]

Ninth Circuit Court Reverses Self

Sanity prevails, however momentarily American Thinker Blog

Ninth Circuit Lets Foreign Governments File Amicus Briefs in Challenge to Arizona’s Immigration Laws

(Eugene Volokh) Politico reports on this, and on the Arizona Gov. Jan Brewer’s reaction: Republican Gov. Jan Brewer on Tuesday asked a federal court to disallow foreign governments from joining the U.S. Department of Justice lawsuit to overturn the law.  The move comes in response to a 9th Circuit Court of Appeals ruling issued Monday, allowing […]

Ninth Circuit Smackdown Watch

(Jonathan H. Adler) Lawrence Hurley of the Daily Journal reports that fully one-third of the cases on the Court’s docket thus far this term — 18 of 54 — are from the U.S. Court of Appeals for the Ninth Circuit. (Hat tip: How Appealing)  Given that the Supreme Court is a bit more likely to reverse […]