Tag Archives: Ninth Circuit Court of Appeals.

SCREWED – Ninth Circuit Court of Appeals Dismisses Log Cabin Republican’s Case Against “Don’t Ask, Don’t Tell”

Now that the DADT Repeal has been implemented the The Ninth Circuit Court of Appeals has dismissed the Log Cabin Republican’s case against “Don’t Ask, Don’t Tell” stating that “the repeal, in short, gave Log Cabin ‘everything’ its complaint ‘hoped to achieve.’”

The question is did the Ninth Circuit drag its heels and wait until after the DADT Repeal became effective so it would not have to rule in favor of the LCR and against the Federal Government and thus NOT set a precedent.

IF the Ninth Circut did indeed declare DADT unconstitutional . Future administrations and Congress could not reinstate it and declaring it unconstitutional would have paved the way for soldiers discharged under DADT to get  reinstatement, back pay, or other compensation for being unlawfully discriminated against.

But what really hurts in this decision is that the Ninth Circuit vacated all of the lower courts finding.  So all the findings in favor of Log Cabin Republicans suits are now gone and stricken from the record. and have absolutly no precedential, preclusive, or binding effect on any anti-gay case in the future.  Including if God forbid DADT was reinstated.

Soi basically what the Ninth Circut said was.  You got what you wanted so now go away and lets make believe that none of this happened, okay?

DADT Is Back…… Again – 9th Circuit Court of Appeals Reverses Its Reversal

This has gotten so ridiculous you now need a scorecard just to to keep up……

The U.S. 9th Circuit Court of Appeals has once again reversed its reversal on it’s DADT ruling NOW, as of late Friday ordering the military to temporarily continue its “Don’t Ask, Don’t Tell” policy for openly gay service members, responding to a request directly from the Obama administration.

 the U.S. 9th Circuit Court of Appeals said the ruling was based on new information provided by the federal government, including a declaration from Major General Steven A. Hummer, (add bad joke here) who is leading the effort to repeal the policy.

The court said it is once again was upholding an earlier ruling to keep DADT in place “in order to provide this court with an opportunity to consider fully the issues presented in the light of these previously undisclosed facts.” (continued….)

Continue reading DADT Is Back…… Again – 9th Circuit Court of Appeals Reverses Its Reversal

Protect Marriage Wants 9th Circut Appeals Judge Stephen Reinhardt Removed From Trial Because He’s A Liberal *GASP*

Running scared and because they know they have about as much chance as a snowball fight in hell of winning, Protect Marriage, the group defending Proposition 8 in next week’s hearing in the 9th Circuit Court of Appeals, has filed a motion, asking that Stephen Reinhardt, a judge whom conservative pundit Ed Whelan last week accused of being “the most aggressive liberal judicial activist in the nation,” recuse himself from the case because, well hes a liberal.

Soon to be named hate group, The National Orgaination for Marriage President Brian Brown writes:

“Judge Reinhardt’s wife, Ramona Ripston, has been involved in this case on numerous accounts, and what we’ve learned from Ed Whelan’s highly informative Bench Memo yesterday, posted on National Review Online (and updated here) is that there is no way Judge Reinhardt can rightfully remain a member of this hearing without making a mockery of the federal judiciary. We are demanding that Judge Reinhardt to step down immediately and call Californians to write an official complaint to the Ninth Circuit demanding that Judge Reinhardt be disqualified.”

The AP follows up about the actual filing of the papers:

In papers filed with the 9th U.S. Circuit Court of Appeals in San Francisco, lawyers for Proposition 8’s supporters said Judge Stephen Reinhardt’s “impartiality might reasonably be questioned” because his wife heads the Southern California chapter of the American Civil Liberties Union.

In that role, the judge’s wife, Ramona Ripston, has been an outspoken opponent of Proposition 8 and taken part in legal proceedings to overturn the voter-approved law, the lawyers said. They cited the friend of the court brief the ACLU filed on behalf of the plaintiff’s in the case pending before her husband as an example.

“So long as a judge’s impartiality might reasonably be questioned, recusal is required,” they wrote in a motion asking Reinhardt to disqualify himself. “The facts of this case would plainly lead a reasonable person to conclude that Judge Reinhardt’s impartiality might reasonably be questioned.”

Well Brian Blown then we should also remove the Mormon juge who’s on that 9th Circut panel and better yet Clarence Thomas should recluse himself when this case when it lands at the highest court in the land.  After all, his wife Virginia Thomas is a Tea Party activist, has her own organization that has funneled money into various political conservative campaigns and has herself come out against gay marriage. Here’s a quote:

In an August interview on Fox News Channel, Thomas said she agreed with host Neil Cavuto “that issues like California’s ban on gay marriage and Arizona’s tough illegal immigration law should be decided by people, not the courts.”

BREAKING: Ninth Circut Court of Appeals GRANTS DADT Stay. It’s Back To Anti-Gay Discrimination As Usua – Thank You and Fuck You!l

The Ninth Circuit Court of Appeals gas GRANTED  the government its request for a stay in the injunction barring enforcement of ‘Don’t Ask, Don’t Tell’ pending appeal.
Todays ruling not only helps bring back from the dead DADT which was found unconstitutional also puts more pressure on the Obama administration who just “had to appeal” it to persuade the U.S. Senate to repeal the 1993 law before a new Congress is sworn in.  Good fucking luck with that Barack you idoit.

Todays decision by a three-judge panel of the 9th U.S. Circuit Court of Appeals means gay Americans who disclose their sexual orientations still can’t enlist in the armed forces and can be discharged.

It’s gay and lesbian discrimination as usual in the USA!