After seven months of confirmation limbo, the Senate confirmed Los Angeles attorney Paul Watford for the Ninth Circuit Court of Appeals Monday evening by a 61-34 vote, reports The Hill.
Watford will be the second African American on the court.
California has long been known for its vehicle emissions requirements, thanks to The Price is Right. (Every car we ever watched Bob Barker give away had standard California emissions.) But the strict standards of yesteryear are no longer enough for the Golden State. In 2006, California approved the Low Carbon Fuel Standard after the adoption of AB 32, the Global Warming Solutions Act.
Last year, U.S. District Judge Lawrence O'Neill enjoined implementation of the Low Carbon Fuel Standard, finding that it was unconstitutional because it discriminated against interstate commerce. California's method assigned a higher carbon intensity score to ethanol produced in the Midwest, which is otherwise chemically and physically identical to that produced in California, reports Bloomberg.
Senior Judge Robert Beezer passed on Friday, March 30 at Swedish Medical Center in Seattle. He was 83.
If you’re familiar with the Anna Nicole Smith bankruptcy case, the early aughts Napster litigation, or the “reasonable woman” standard in sexual harassment litigation, then you know a bit about Judge Beezer’s work. Judge Beezer was known both for his famous opinions and his sound appellate reasoning; he had one of the highest Supreme Court affirmation rates on the Ninth Circuit, according to The Seattle Times.
The economy continues to struggle, and the unemployment rate remains around 8.3 percent. It seems like the Obama administration would welcome new and inventive ways to put extra cash in Americans' pockets. Instead, the Department of Justice (DOJ) wants the Ninth Circuit Court of Appeals to backtrack on a revenue stream that it approved in December.
Last year, the Ninth Circuit ruled that people can legally sell blood stem cells, a critical component of bone marrow. The Obama administration, concerned that compensation could influence donation decisions, asked the court to reconsider its position, reports the Los Angeles Times.
The Obama administration isn't technically involved in the Defense of Marriage (DOMA) appeal that's making its way up the federal court ladder, but it wants the Ninth Circuit Court of Appeals to act quickly on the case.
This week, the Department of Justice asked the Ninth Circuit the speed up review of Judge Jeffrey White's February decision declaring DOMA unconstitutional, and to apply strict or immediate scrutiny to its DOMA analysis, reports the San Francisco Chronicle.
The Ninth Circuit Court of Appeals is once again taking its act to the road. Next week, a three-judge panel from the court will hear oral arguments at two Arizona law schools.
Circuit Judges Jay S. Bybee of Las Vegas, Richard R. Clifton of Honolulu, and M. Margaret McKeown of San Diego, will hear appeals of decisions from the district courts for Nevada and Arizona during both sittings. While the hearings are open to the public, a photo ID is required to enter the courtrooms.
What happens in Vegas certainly will not stay in Vegas when the Ninth Circuit Court of Appeals hears oral arguments Monday, March 19, 2012 at the University of Nevada Las Vegas (UNLV) Boyd School of Law.
The Ninth Circuit will hear arguments in the school's Thomas & Mack Moot Courtroom beginning at 10 a.m.
Should a chief circuit judge lose his post for sending a racist email?
Last month, Richard Cebull, the chief district judge in Montana, forwarded a racist joke about President Barack Obama and his mother from his official government email address to six friends. Several forwards later, the "joke" found its way into a reporter's inbox. Judge Cebull apologized, and asked the Ninth Circuit Court of Appeals to review whether his actions qualify as judicial misconduct.
Need further proof that the Prop 8 litigants can't agree on anything?
In February, the Ninth Circuit Court of Appeals decided in Perry v. Brown that California Prop 8 was unconstitutional. Two weeks later, Prop 8 proponents ProtectMarriage asked the Ninth Circuit for en banc rehearing of the case.
Now, the Prop 8 opponents are asking the Ninth Circuit Court of Appeals to deny rehearing.
The Ninth Circuit Court of Appeals may catch a lot of flack as the “most liberal court” in the land, but at least the court is trying to make the circuit and its federal feeder courts more pleasant for attorneys and jurors.
The Ninth Circuit announced two initiatives this week that may be of interest to appellate practitioners: a new jury video and a new group of Appellate Lawyer Representatives.
