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The Latest Breaking News from the 9th Circuit

The Supreme Court's 'Reasonable Expectation of Privacy' Test Defies Expectations

Neil Gorsuch proposes an alternative to a Fourth Amendment standard that has proven to be an unreliable safeguard against government snooping.

Reason

Supreme Court allows policy to curtail asylum claims

The Supreme Court ruled Thursday that the Trump administration could restart an Obama-era policy known as “metering” that prevents immigrants from making asylum claims by halting them from reaching the border with Mexico. The Trump administration had asked the justices to overturn a ruling from the U.S. Court of Appeals…

Roll Call

Supreme Court sounds ready to allow policy limiting asylum claims

A majority of the Supreme Court appeared ready during oral arguments Tuesday to clear the way for a policy seeking to prevent immigrants from presenting asylum claims at the U.S. border with Mexico. The Trump administration asked the justices to overturn a ruling from the U.S. Court of Appeals for…

Roll Call

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Court Backs First-Grader in Suit Over School Reaction to 'Any Life' Matters Drawing

Yes, 6-year-old students have First Amendment rights, the 9th Circuit says.

Reason

Innocent L.A. man sues for over $60,000 after police blew up his business. A court says he's entitled to nothing.

It is yet another ruling that shields the government from liability for damages caused by law enforcement.

Reason

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

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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

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

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

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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.

The Independent UK

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

Reason

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.

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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.

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.

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.

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