9th Circuit Court

9th Circuit judges talk Justice Scalia after stage performance of ‘The Originalist’

Corrected: As the stage play The Originalist opens, the audience finds Justice Antonin Scalia (Edward Gero) comparing opera—which the late justice famously loved—to his judicial philosophy.

“There’s a sanctity to the score. The notes are the notes,” he says. “That is precisely my view of the Constitution.”

May 3, 2017 7:45 AM CDT

Employers can pay women less than men based on salary histories, 9th Circuit rules

The San Francisco-based 9th U.S. Circuit Court of Appeals ruled Thursday that an employer can pay a woman less than a man for the same work if he was paid more in his previous job and the employer used prior salaries as a measure in a reasonable business policy, the…

Apr 28, 2017 2:15 PM CDT

4th Circuit oral arguments for travel ban will be broadcast on C-SPAN

Following the decision of the San Francisco-based 9th U.S. Circuit Court of Appeals to live-broadcast oral arguments for litigation opposing President Donald Trump’s travel ban, the 4th Circuit is following suit. The 4th Circuit oral arguments will also be broadcast on C-SPAN, Law.com reports. The 4th Circuit, which is based…

Apr 27, 2017 11:31 AM CDT

Hawaii asks to go straight to 9th Circuit en banc review of Trump travel ban preliminary injunction

President Donald Trump’s second order limiting travel from majority-Muslim countries is headed for the San Francisco-based 9th U.S. Circuit Court of Appeals—possibly the full court. The state of Hawaii petitioned Tuesday for an initial en banc hearing on whether to let stand a preliminary injunction against the travel ban, the…

Apr 12, 2017 5:48 PM CDT

Three 9th Circuit judges testify against splitting their circuit

Three judges on the San Francisco-based 9th U.S. Circuit Court of Appeals opposed the idea of splitting their court during a House panel hearing on Thursday. Testifying against a split were Chief Judge Sidney Thomas and Judges Carlos Bea and Alex Kozinski, report the National Law Journal (sub. req.) and…

Mar 17, 2017 10:54 AM CDT

Another federal appeals judge blasts attacks on judiciary, in an apparent criticism of Trump

Another judge on the San Francisco-based 9th U.S. Circuit Court of Appeals appears to be criticizing President Donald Trump’s complaints about judges who ruled against his travel ban. In a speech to attorneys general in Honolulu, Judge Richard Clifton said attacking judges for their decisions is “corrosive to the justice…

Mar 17, 2017 9:31 AM CDT

In apparent reference to Trump, 5 dissenting 9th Circuit judges criticize attacks on judiciary

Five federal appeals judges appeared to criticize President Donald Trump’s attacks on the judiciary in a dissent on Wednesday that, nonetheless, sided with the president on his power to enact a temporary travel ban. The five judges on the San Francisco-based 9th U.S. Circuit Court of Appeals commented in a…

Mar 16, 2017 11:38 AM CDT

Judicial Conference asks Congress for 57 new US judgeships, including five on this appeals court

The Judicial Conference of the United States is recommending that Congress create 57 new Article III judgeships, including five new judgeships for the San Francisco-based 9th U.S. Circuit Court of Appeals. The recommendation was approved on Tuesday, two days before a congressional hearing on whether to split the 9th Circuit,…

Mar 15, 2017 10:33 AM CDT

Trump will revise travel ban; government brief says lawful permanent residents not affected

Updated: President Donald J. Trump plans to issue a revised executive order to replace his temporary travel ban, according to a Department of Justice brief filed on Thursday with the San Francisco-based 9th U.S. Circuit Court of Appeals. The supplemental brief (PDF) says a 9th Circuit panel that upheld a…

Feb 16, 2017 2:25 PM CST

9th Circuit lets stand restraining order against Trump travel ban: Will case be heard en banc?

Updated: The San Francisco-based 9th U.S. Circuit Court of Appeals has declined to reinstate President Donald Trump’s executive order banning travelers from seven majority-Muslim countries. The decision (PDF) released Thursday afternoon says the three-judge panel is “mindful that our analysis of the hardships and public interest in this case involves…

Feb 9, 2017 5:40 PM CST

9th Circuit panel shows some skepticism as administration defends Trump’s temporary immigrant ban

Members of a federal appeals court panel on Tuesday appeared skeptical while questioning a Justice Department lawyer about President Donald Trump’s power to enact a temporary travel ban on some immigrants in the name of national security. The New York Times described the live-streamed telephone hearing before the San Francisco-based…

Feb 8, 2017 8:26 AM CST

Federal appeals court refuses to immediately reinstate Trump’s immigrant travel ban

A federal appeals court on Sunday refused to immediately reinstate President Trump’s executive order temporarily banning refugees and immigrants from seven majority-Muslim countries from entering the United States. The San Francisco-based 9th U.S. Circuit Court of Appeals acted (PDF) after U.S. District Judge James Robart issued a nationwide temporary restraining…

Feb 6, 2017 8:31 AM CST

ABA amicus brief urges rehearing in lawsuit seeking court-appointed lawyers for unaccompanied minors

Unaccompanied minor immigrants are so vulnerable—and the immigration court process so complicated—that they cannot have a fair trial without court-appointed attorneys, the American Bar Association argued Thursday. That argument came in an ABA amicus brief (PDF) in J.E.F.M. v. Lynch, a class-action lawsuit alleging that child immigrants have such a…

Dec 15, 2016 5:45 PM CST

Judges should tailor civil sanctions to harm caused, ABA argues in SCOTUS discovery-abuse case

An ABA amicus brief filed with the U.S. Supreme Court says civil sanctions imposed by federal judges under their inherent powers to punish bad-faith litigation conduct should generally be tailored to the harm caused. The ABA filed the brief (PDF) on Monday, according to an ABA press release. The brief…

Nov 22, 2016 1:22 PM CST

Species may be called endangered based on projected climate change, 9th Circuit rules

Federal agencies may classify species as threatened based on projected habitat loss due to climate change, the 9th U.S. Circuit Court of Appeals ruled Monday. The ruling came in a challenge to classification of Pacific bearded seals as threatened, according to the Los Angeles Times. The National Marine Fisheries Services…

Oct 25, 2016 3:00 PM CDT