Tag Archives: 9th Circuit Court of Appeals

The Lawfare Continues

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On Friday, Breitbart posted an article about President Trump’s calling up the National Guard to help keep the peace in Los Angeles.

The article reports:

A lower court judge’s order instructing President Donald Trump to return control of 4,000 California National Guard troops he had federalized to Gov. Gavin Newsom was temporarily blocked late Thursday in the federal appeals court.

The 9th U.S. Circuit Court of Appeals’ decision does not mean the court will ultimately agree with Trump, but Reuters reports it does leave command of the Guard with the president for now.

CNBC notes U.S. District Judge Charles Breyer had ruled Trump’s action was “illegal,” but stayed his order from taking effect until 3 p.m. ET on Friday to allow the Trump administration to appeal.

The article concludes:

The White House had called Breyer’s original order “unprecedented” and said it “puts our brave federal officials in danger.”

“The district court has no authority to usurp the President’s authority as Commander in Chief,” White House spokesperson Anna Kelly said in a statement.

“The President exercised his lawful authority to mobilize the National Guard to protect federal buildings and personnel in Gavin Newsom’s lawless Los Angeles. The Trump Administration will immediately appeal this abuse of power and looks forward to ultimate victory on the issue.”

What might be the motive of anyone to allow a city to burn?

You might consider the definition of a color revolution:

A color revolution, often referred to as a colored revolution, is a series of non-violent protests and demonstrations that often lead to regime change in a country. These revolutions are characterized by the adoption of specific colors as symbols of the movement, and they have been observed in various countries, particularly in post-Soviet states. 

The American CIA has, unfortunately, used the technique of a color revolution overseas many times. Generally speaking, the people they have put in power have not turned out to be successful in any positive way.

Stopping The End Run Around The Second Amendment

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It is no secret that there are number of blue states that do not support the Second Amendment to the U.S. Constitution. Many of those states have at various times passed laws to try to limit the Second Amendment rights of Americans or to find a way to take guns away from law-abiding Americans. In March 2021, I posted an article about one such incident. An article posted in May 2021 was about the Supreme Court decision regarding the incident.

On Thursday, Breitbart reported the following:

The Ninth Circuit federal appeals court ruled Thursday that the coronavirus lockdowns of gun stores in Ventura County, California, violated constitutional rights.

The case, McDougall v. County of Ventura, was appealed to the Ninth Circuit after the U.S. District Court for the Central District of California rejected a claim that Ventura County’s coronavirus orders closing gun stores, ammo shops, and gun ranges violated Second Amendment rights.

The article concludes:

Vandyke and Kleinfeld also noted, “Not only did Appellees fail to provide any evidence or explanation suggesting that gun shops, ammunition shops, and firing ranges posed a greater risk of spreading COVID19 than other businesses and activities deemed ‘essential,’ but they also failed to provide any evidence that they considered less restrictive alternatives for the general public.”

Judge Ryan Nelson was the panel’s dissenting voice.

The case is McDougall v. County of Ventura, No. 20-56220 in the U.S. Court of Appeals for the Ninth Circuit.

It should be noted that The Los Angeles Times reported the following in February 2020:

Trump has now named 10 judges to the 9th Circuit — more than one-third of its active judges — compared with seven appointed by President Obama over eight years.

“Trump has effectively flipped the circuit,” said 9th Circuit Judge Milan D. Smith Jr., an appointee of President George W. Bush.

…Trump’s rapid transformation of the circuit courts — three others went from a majority of active judges appointed by Democrats to Republican majorities — was accomplished with the support of Senate Republicans.

Nominations of appellate judges may no longer be blocked by filibuster, and Republican Senate leaders have declined under Trump to follow the practice of allowing an appointee’s home-state senators to veto the president’s choice.

“Trump has set all records for the number of appellate appointees,” said University of Richmond law professor Carl Tobias.

The most important legacy of President Trump may be judges in the circuit courts who will protect the rights of Americans that are enshrined in our Constitution.

Moving In The Right Direction

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The Washington Examiner is reporting today that the 9th Circuit Court of Appeals ruled today that the Trump administration’s restrictions on family planning funds could go into effect, a move that would cut off millions of dollars from organizations like Planned Parenthood that provide abortions.

The article reports:

The Trump administration refers to the provision as the “Protect Life Rule,” and its supporters say that funding for family planning should not be used to help subsidize abortion providers.

The rule will go into effect everywhere except in Maryland, due to a lawsuit from Baltimore. The state legislature there also passed a bill that would reject the Title X funds if the Trump administration’s rules were attached to them.

Planned Parenthood’s president, Dr. Leana Wen, said the organization would continue to fight the rule from taking effect.

…The rule applies to a $286 million-a-year grant that 4 million low-income people use. Planned Parenthood receives between $50 million and $60 million from the grants.

On January 21, 2019, The Daily Caller reported:

Planned Parenthood has claimed that stripping federal funds from the organization would devastate women’s access to health care, but private contributions put the organization’s donations total at nearly $631 million.

Total net assets also increased from roughly $1.6 billion to nearly $1.9 billion in 2018, according to the report.

“Planned Parenthood turned a profit of nearly $250 million, a 150 percent increase, according to its own accounts,” Students For Life (SFL) President Kristan Hawkins said in a Monday statement. “What a waste of taxpayer dollars.”

The abortion organization reported findings through the fiscal end year date June 30, 2018.

Somehow I think Planned Parenthood can manage to squeeze by. Meanwhile, taxpayers should not be required to fund Planned Parenthood.