Latest in Ninth Circuit
Last month, the Supreme Court granted certiorari in two related cases exploring the interaction between anti-terrorism laws and Section 230. It remains to be seen whether the legislature or the Supreme Court will address Section 230 first, but this may be the prologue to a watershed moment for the internet and its users.
A panel of the Ninth Circuit Court of Appeals voted 2-to-1 to deny former Arizona Republican State Senator Kelli Ward’s request for an injunction to block the release of her phone records to the House select committee investigating the Jan. 6 attack on the U.S. Capitol.
The Ninth Circuit Court of Appeals on April 9 ruled that the Facebook users could pursue several wiretap and privacy claims against the company. The plaintiffs allege that Facebook tracked logged-out users’ internet activity by storing cookies on their browsers when they visited outside websites containing Facebook plug-ins and then sold personal profiles based on that data to advertisers.
The U.S. Court of Appeals for the Ninth Circuit ruled on Tuesday that the Trump administration can continue to enforce its "Remain in Mexico" policy for some Central American migrants while litigation over the policy proceeds, staying the lower court's injunction. The ruling is available here and below.
In an important order issued late on Friday, Dec. 7, the U.S. Court of Appeals for the Ninth Circuit denied the government’s request for a stay of the temporary restraining order (TRO) issued by U.S.
The Supreme Court has just granted certiorari in Hawaii’s challenge to the September 2017 iteration of President Trump’s travel ban (EO-3).
On Dec. 22, the Ninth Circuit Court of Appeals ruled in Hawaii v. Trump that the September Proclamation (EO-3), indefinitely limiting immigration from certain listed countries, exceeded the President’s power under the Immigration and Nationality Act (INA).
The Ninth Circuit held in a per curiam order on Thursday (summarized here) that, pending a definitive adjudication on the merits, refugees abroad with sponsorship assurances from U.S. resettlement agencies were not covered by President Trump’s revised executive order (EO) on refugees and could enter the U.S. in the normal course of refugee resettlement.
Acting quickly, the Ninth Circuit on Friday dismissed Hawaii’s appeal of Hawaii District Judge Derrick Watson’s denial of the state’s motion to clarify the Supreme Court’s stay regarding President Trump’s revised refugee Executive Order (EO).
On Monday, the Supreme Court’s tumultuous 2016 term is scheduled to draw to an end. But will it? All of the briefing in the travel ban litigation has been filed, and the cases are ready for the Court’s ruling. There are (at least) six possible options for resolving this matter.
1. Hold a Special Session in July