Contents tagged with Ninth Circuit Court of Appeals
Filed in: Traditional Marriage | by David French | 5:21 PM Feb. 7, 2012
Marriage Means So Much and So Little?
After slogging through the Ninth Circuit’s lengthy opinion overturning Proposition 8, I must confess that I’m confused. Does the definition of marriage matter? Or does it not? To the court the answer seemed to depend on whether the argument for marital significance helps or harms the case for gay marriage. When discussing the power of marriage to provide dignity and meaning to relationships, the court waxes eloquent (see pages 38 and 39 for an extended paragraph about the significanc... Continue Reading
Filed in: Supreme Court Justices | by Nathanael Bennett | 12:00 AM May. 19, 2011
Senate says NO to Obama Nominee
In a victory for the rule of law and a strict adherence to the Constitution, the U.S. Senate has rejected the motion to invoke cloture on the nomination of Goodwin Liu to the U.S. Court of Appeals for the Ninth Circuit. As detailed in our memo here, Professor Liu has a record that is clearly hostile to a literal interpretation of the Constitution and open to incorporation of foreign law in judicial rulings. Combined with his extremely thin legal experience, it was clear that he was unfit for t... Continue Reading
Filed in: Supreme Court Justices | by Jay Sekulow | 12:00 AM May. 19, 2011
Judicial Nominee Defeated
It came down to the final hours. Would there be enough support to block the nomination of Goodwin Liu for a seat on the U.S. Court of Appeals for the Ninth Circuit? The answer is yes. The Senate failed to get the 60 votes it needed to end debate on the nomination of Liu, effectively blocking his confirmation. Liu had been nominated twice for the appeals court slot by President Obama. This is a victory for the rule of law and a sound defeat for judicial activism. We're delighted that most ... Continue Reading
Filed in: Supreme Court Justices | by Nathanael Bennett | 12:00 AM May. 18, 2011
Senate Should Reject Disturbing Judicial Nominee
The Senate is poised for a vote on a judicial nominee who backs abortion - a nominee who many believe has a record of extremism - a nominee for a seat on the U.S. Court of Appeals for the Ninth Circuit. The ACLJ has produced an analysis of the record of Goodwin Liu. It is posted here. The findings are troubling and show that he embraces radical positions outside the mainstream of American law. Liu, a liberal University of California law professor, is expected to face a cloture vote in the Sen... Continue Reading
Filed in: Mt. Soledad Cross | by Jay Sekulow | 3:00 PM Mar. 23, 2011
UPDATE: Mt. Soledad Brief Filed
Thanks to the thousands of you who signed on to our Petition to Preserve the Mt. Soledad Cross Memorial in San Diego. We have just filed our amicus brief in support of the federal government's request that the full U.S. Court of Appeals for the Ninth Circuit rehear a case in which a three-judge panel of the Ninth Circuit declared that long-standing memorial unconstitutional. We believe strongly that this is an opportunity for the entire appeals court to correct a mistake made by a three-judge ... Continue Reading
Filed in: Mt. Soledad Cross | by Jay Sekulow | 12:00 AM Mar. 21, 2011
Protect the Mt. Soledad Cross
We are not giving up. You may recall, a three-judge panel of the U.S. Court of Appeals declared the long-standing Cross Memorial at Mt. Soledad in San Diego in January unconstitutional. As you know, the ACLU is behind this litigation and spent years trying to get this memorial removed. Now, we're preparing for the next phase - urging the federal appeals court to reconsider the decision and permit a full panel of the appeals court to consider the case. We're preparing that critical amicus b... Continue Reading
Filed in: In God We Trust | by Jay Sekulow | 11:00 PM Mar. 6, 2011
A Victory for National Motto Stands
A multi-year challenge put forth by California atheist Michael Newdow is finally over. The Supreme Court of the United States has said it will not review a decision by a federal appeals court that upheld the constitutionality of using our national motto - "In God We Trust" - on our nation's coins and currency. You'll recall this is a legal battle that has spanned many years. One year ago, a panel of the U.S. Court of Appeals for the Ninth Circuit upheld the constitutionality of using the nati... Continue Reading
Filed in: US Constitution | by Nathanael Bennett | 11:00 PM Feb. 27, 2011
Time for Tough Questions for Judicial Nominee
While the looming budget crisis is dominating much of Congress agenda this week, there is also a crucial hearing scheduled in the Senate Judiciary Committee. Professor Goodwin Liu has been re-nominated to the Ninth Circuit Court of Appeals, and the Committee will hear testimony from him in the days ahead. You may remember that Professor Liu was originally nominated to this post during the 111th Congress, but due to significant concerns expressed by ACLJ and others, he did not receive a Senate vote. We continue to believe that these same areas of concern should mandate that Committee closely examine his views regarding the Constitution and the rule of law before any confirmation vote occurs. There are many reasons for concern regarding Professor Lius qualifications, but foremost among them is his view that the Constitution must not interpreted literally, but rather through a subjective lens that takes into account any number of arbitrary factors. We addressed those concerns speci... Continue Reading
Filed in: Mt. Soledad Cross | by Jay Sekulow | 11:00 PM Jan. 4, 2011
A Faulty Ruling Targets San Diego Cross
It's disappointing, but comes as no real surprise. A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit has declared the long-standing war memorial cross on top of a San Diego mountain unconstitutional - a violation of the Establishment Clause of the First Amendment. As you may recall, we've been involved in this case for years - fighting to ensure that the cross survives legal challenges that now span decades. The decision represents a judicial slap in the face to the count... Continue Reading
Filed in: Immigration | by Jay Sekulow | 12:00 AM Oct. 28, 2010
SCOTUS Urged to Uphold AZ Immigration Law
The Supreme Court is now considering a case out of Arizona - involving one of that state's immigration laws - a case that could very well set the legal tone for how Arizona and other states deal with immigration. You may have not heard much about this case yet. But you will. This is not the highly-publicized challenge to AZ's SB 1070 that is also facing constitutional challenges. More about that case in a moment. The case now before the Supreme Court is Chamber of Commerce v. Whiting (No. 09-115) - and involves the constitutionality of an Arizona employer-sanctions law that penalizes businesses that knowingly hire illegal immigrants. Today, we filed an amicus brief with the high court in defense of that Arizona law. You can read our brief here. The case involves the Legal Arizona Workers Act and we assert that this measure is not only constitutional but should not be preempted by federal law. The issues at the center of this argument are crucial: whether states can take legi... Continue Reading