Tag: Ninth Circuit

Contributor Post Created with Sketch. Recommended by Ricochet Members Created with Sketch. The 9th Circuit Sides with Constitution and Trump

 

We are used to leftist opinions from the often derisively labeled Ninth Circus Court of Appeals. However, President Trump with the support of Senator Majority Leader Mitch McConnell has seized the opportunity to firm up the Supreme Court, making wacky rulings from lower courts more difficult within the rules of the judicial game. He has steadily placed relatively reliable constitutionalist judges in lower courts, including the Ninth Circuit. This is starting to pay off in better decisions, like the latest on Title X funds and abortion. The latest Ninth Circuit decision also reflects the willingness of President Trump to actually uphold the laws passed by Congress, a refreshing change from both parties’ norms. 

Statement from the Press Secretary
LAW & JUSTICE | Issued on: February 25, 2020

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On March 15, five Judges of the Ninth Circuit Court of Appeal delivered what Professor Jonathon Turley termed a “vociferous dissent” which has received, as he noted, “a surprising lack of media attention…”. Upon discovering Prof. Turley’s article, and a couple of others in the same vein, I conducted my own search and while not claiming […]

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Recommended by Ricochet Members Created with Sketch. Lies, Damned Lies, and Statistics

 

Like many of you, I was appalled at the shoddy reasoning exhibited in the recent 9th Circuit Court opinion governing President Trump’s executive order. Subsequent reading has only further muddied the waters for me, but today’s post by the great Richard Epstein has calmed me down a bit.

Regardless of the merits of this particular case, one thing that all conservatives can agree on is that the 9th Circuit is a disgrace. Overwhelmingly liberal and a fine example of a corrupt judiciary run amok. I mean the 9th circuit has been overturned 80% of the time in recent years! This is fact. I know, I heard it from Hannity.

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Contributor Post Created with Sketch. A Further Qualified Defense of the Ninth Circuit Attack on Trump’s Executive Immigration Order

 

My recent post on Ricochet took the position that the Ninth Circuit was correct when it set aside Trump’s controversial executive orders on legal permanent aliens and refugees and asked the Trump administration to reexamine the result. Most people in dealing with this order claim that it went too far because it did not accept the President’s position that the order was wholly unreviewable, regardless of its content, which was viewed as self-evidently correct by some and wholly outside the bounds of decency by others. Indeed, many of the comments on Ricochet took the former position by arguing that Presidents should follow the lead of Andrew Jackson and tell the Court to enforce its own order. But it is, as other readers noted, a wild overreaction to a particular dispute to throw out a set of institutional arrangements that have by and large served the United States well for over 200 years.

I put these grander objections aside, therefore, to look at two more fine-grained challenges. I start by noting that in making this decision, the Ninth Circuit was right to avoid grappling on a thin record with claims that both the Establishment and Free Exercise Clause applied to the particular case. That analysis would have been a major transformation of American law that could quite literally upset established practices on allocating scarce immigration slots on the basis of national origin. It also allowed the Court to side step the very tricky question of the extent to which alien claims generated some positive right to become an immigrant. I regard these claims when stated in their general form to be wholly unsupportable. In general, the power of every nation to protect its own borders means that no outsider has a categorical right to enter this country but must allowed to apply before entry.

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Contributor Post Created with Sketch. Do Guns and Medical Marijuana Mix? A Ninth Circuit Decision Says No.

 

gunweedWednesday, in Wilson v. Lynch, the Court of Appeals for the Ninth Circuit handed down a decision holding that the federal government was within its rights when it decreed, via an open letter to all gun dealers, that any person who held a state license to use marijuana for medical purposes was banned from purchasing a weapon. The ruling applied even though it was in a collision course with the Second Amendment guarantee of the right “to keep and bear arms.”

To people not versed in the law, the decision reads like a bundle of technicalities. Come to think of it, for those who are versed in the law, the same conclusion holds.

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Contributor Post Created with Sketch. 9th Circuit: Concealed Carry Not Part of 2nd Amendment

 

shutterstock_294491978The court ruled, 7-4, that the Heller and McDonald decisions do not gartuntee a constitutional right to carry a concealed weapon outside one’s home:

Appellants, who live in San Diego and Yolo Counties, sought to carry concealed firearms in public for self-defense, but alleged they were denied licenses to do so because they did not satisfy the good cause requirements in their counties. […] The en banc court held that the history relevant to both the Second Amendment and its incorporation by the Fourteenth Amendment lead to the same conclusion: The right of a member of the general public to carry a concealed firearm in public is not, and never has been, protected by the Second Amendment. Therefore, because the Second Amendment does not protect in any degree the right to carry concealed firearms in public, any prohibition or restriction a state may choose to impose on concealed carry — including a requirement of “good cause,” however defined — is necessarily allowed by the Amendment. The en banc court stated that there may or may not be a Second Amendment right for a member of the general public to carry a firearm openly in public, but the Supreme Court has not answered that question.

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This morning we awake to the news that the 9th Circuit Court of Appeals has ordered that illegal aliens in the state of Arizona are entitled to driver’s licenses and that the state must issue them. In their ruling, the three-judge panel proclaimed that these illegal aliens have the same rights and protections as other […]

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