This week the US Court of Appeals for the Ninth Circuit issued a decision affirming the lower court's decision upholding three California laws against a challenge by the federal government. The federal government challenged the three laws, which all pertain to the state's status as a "sanctuary" state, on the grounds that they are preempted by federal law and that they violate a doctrine known as intergovernmental immunity.
The US Court of Appeals for the Ninth Circuit held on Thursday that the constitutional guarantee of habeas corpus precludes US immigration authorities from deporting asylum seekers who had failed an initial screening. This ruling sets up a circuit split (with the Third Circuit, which came to the opposite conclusion in 2016), which makes review by the US Supreme Court likely.
En Banc United States Court of Appeals for the Ninth Circuit Rules That Warnings for Sugar Sweetened Beverages Likely Violates the First Amendment
On Thursday, January 31, 2019, the United States Court of Appeals for the Ninth Circuit published its en banc opinion in American Beverage Association v. City and County of San Francisco, No. 16-16072 (9th Cir. 2019), reversing and remanding the district court's denial of a preliminary injunction. The Ninth Circuit found that a San Francisco ordinance mandating warnings regarding the health effects of sugar sweetened beverages likely violated the First Amendment.
California has implemented a Low Carbon Fuel Standard program since 2011, requiring sellers of oil, ethanol, and other fuels to reduce the carbon intensity of their fuel within certain deadlines. (Alternatively, they can buy credits from other companies that meet the requirements of the program.) Entities in the ethanol and oil industries recently challenged the…
In a per curiam (unsigned) opinion, the US Court of Appeals for the Ninth Circuit held on Wednesday that the policy and practice of the Chino Valley Unified School District Board of Education to include a prayer in a portion of school board meetings that is open to the public and includes student attendees and participants.
U.S. Court of Appeals for the Ninth Circuit Rules That the Second Amendment Grants the Right to Carry Guns Openly Outside the Home
On Tuesday, July 24, 2018, the United States Court of Appeals for the Ninth Circuit in a 2-1 ruling held that the Second Amendment grants the right to carry guns openly outside the home. With three federal appeals courts having found no right to carry guns openly in public, the issue seems ripe for United States Supreme Court interpretation.
A handful of states have joined California and the other original states who filed a lawsuit challenging a Trump administration exception to the ACA's contraceptive mandate that would allow any business or corporation to deny contraception coverage based on any religious or moral ground. The case is currently before the US Court of Appeals for the Ninth Circuit.
On Monday the Ninth Circuit ruled that animals do not have standing to sue people for breaking copyright laws. Had Congress intended for copyright protection to extend to animals, the should have expressly written it into the law, the three-judge panel concluded.
Bitcoin trader Morgan Rockoons will stand trial in San Diego after being indicted for failure to comply with federal anti-money laundering rules. His case highlights questions that authorities have wrestled with since the emergence of cryptocurrencies, namely whether they are subject to the same banking rules as government-recognized currency.
The Ninth Circuit denied AT&T's motion to dismiss an action brought by the FTC to hold the communications company accountable for allegedly "throttling" consumer data. This practice may have affected 3.5 million consumers on 25 million different occasions.