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The Latest Breaking News from the 9th Circuit

Can the Government Mandate a Vaccine for Your Own Good? This Federal Court Says Yes.

The 9th Circuit made a ruling this year that could allow far-ranging government interference with private health decisions.

Reason

Supreme Court to take up case over border asylum claim location - Roll Call

The Supreme Court agreed on Monday to decide whether asylum claims can be denied by preventing migrants from crossing the border from Mexico.

Roll Call

Will SCOTUS Resolve the Circuit Split on a Law That Disarms People With Nonviolent Criminal Records?

Steven Duarte is one of several petitioners who are asking the justices to address the constitutionality of that absurdly broad gun ban.

Reason

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Trump Gets Green Light From Appeals Court For Portland National Guard Deployment

A federal appeals court on Monday temporarily cleared the way for President Donald Trump to send National Guard troops to Portland, Oregon, overturning a lower court's block on the deployment amid ongoing legal battles.

Benzinga

Trump Won't Invoke the Insurrection Act—As Long As He Can Use the National Guard However He Wants

If the courts try to enforce legal limits on the president's military deployments, he can resort to an alarmingly broad statute that gives him more discretion.

Reason

What is plenary authority, the phrase that caused Stephen Miller to freeze up during CNN interview?

Miller suggests Trump wields absolute power over decisions to send in the National Guard, before suddenly stopping speaking in an awkward interview moment

The Independent UK

Why a Trump Appointee Ruled That His National Guard Deployment in Portland Was Illegal

U.S. District Judge Karin Immergut concluded that the president's description of "War ravaged Portland" was "simply untethered to the facts."

Reason

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SCOTUS Will Consider a Challenge to Hawaii's Default Rule Against Guns on Private Property Open to the Public

The law is one of several attempts to override the right to bear arms by making it impractical to exercise.

Reason

The 9th Circuit Overturns a Man's Conviction for Holding a Shotgun on the Sidewalk in Front of His House

The decision, which hinges on an exception to the Gun-Free School Zones Act, does not say whether that law is consistent with the Second Amendment.

Reason

Kavanaugh Flouts the Fourth Amendment and Blesses Trump's Racial Profiling

The justice’s stance on immigration enforcement is undermined by the facts of the case before him.

Reason

Judge pauses California's request to bar Trump administration's ongoing use of National Guard troops

A federal judge who ruled last week that the Trump administration broke federal law by sending National Guard troops to the Los Angeles area says he will not immediately consider a request to bar the ongoing use of 300 Guard troops

The Independent UK

Trump's Immigration Crackdown Imperils the Fourth Amendment Rights of U.S. Citizens

A federal court says U.S. citizens “are likely to succeed in showing” that immigration agents violated their rights.

Reason

Upholding a Vaccine Mandate, the 9th Circuit Embraces an Alarmingly Broad Definition of 'Public Health'

The appeals court held that the government may require COVID-19 shots based purely on the benefits to recipients.

Reason

Trump's Birthright Citizenship Order Is Unconstitutional, Says the First Appeals Court to Consider the Issue

The judgment is not surprising, since the president's reading of the 14th Amendment contradicts its text and history, plus 127 years of Supreme Court precedent.

Reason

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We Got This Covered

‘Blatantly unconstitutional’: Even Trump’s own appointees can’t save his delusion as judges refuse to rewrite reality in his favor

It's in the constitution for a reason.

Reason

NIMBY Lawsuit Accidentally Abolishes City's Entire Zoning Code

Plus: The Supreme Court declines to hear major eviction moratorium case, Maine passes zoning reform, and why tourist traps are good, actually.

Reason

The 9th Circuit Says California's One-Per-Month Limit on Gun Purchases Is Unconstitutional

The appeals court concluded that the restriction impinges on the right to arms and is not consistent with the historical tradition of firearm regulation.

Reason

The 9th Circuit Rejects Trump's Audacious Claim That He Can Use the National Guard However He Likes

Although the appeals court said the president probably complied with the law he invoked to justify his California deployment, it emphasized that such decisions are subject to judicial review.

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Roll Call

Appeals court backs Trump control of National Guard in LA, for now - Roll Call

A federal appeals court for now rejected California’s effort to force President Donald Trump to return control of the National Guard.

Reason

Trump Argues That He Can Take Over a State's National Guard Whenever He Feels Like It

The government's lawyer told a 9th Circuit panel the president's deployments are "unreviewable," so he need not even pretend to comply with the statute on which he is relying.

Roll Call

Appeals court weighs California's challenge to Trump troop move - Roll Call

A federal appeals court heard arguments Tuesday over Trump's calling up of the California National Guard in response to Los Angeles protests.

Reason

Female Nude Spa in Washington Can't Bar Transgender Clients With Male Genitalia, Federal Court Rules

Olympus Spa had sued on First Amendment grounds.

The Independent UK

Trump’s mass firings of federal workers must remain on hold, court rules

Trump’s executive order regarding the firings ‘far exceeds the President’s supervisory powers under the Constitution,’ ruled the 9th Circuit Court of Appeals

Reason

Cocaine Hippos, Monkey Copyrights, and a Horse Named Justice: The Debate Over Animal Personhood

Are human courts the best venue to protect wild animals?

Reason

A Major Property Rights Case Idles on Supreme Court Docket

The Court has been punting for months on whether it will take up a legal challenge brought by Los Angeles landlords alleging their city's COVID-era eviction ban was a physical taking.

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