U.S. Court of Appeals

In Pictures Drakes Bay Oyster Company at Work

I wrote a long feature for this week's paper on the fight over the future of Drakes Bay Oyster Company, a small, family-owned oyster farm in Marin that happens to be on federally protected land. The case was heard in the Ninth Circuit Court of Appeals in San Francisco on Tuesday, and it's unknown if ... More >>

Shuck and Jive: Drakes Bay Oyster Company Forces a Redefinition of Environmentalism

Copyright Law Creates Crazy Business Models

Two recent court rulings exemplify the sometimes bizarre outcomes of a legal system that's often a couple of decades behind technology. No matter where you stand on copyright issues, you can't deny that the law as it stands is dysfunctional when it comes to dealing with the fact that owning a "copy" ... More >>

Proposition 8: U.S. Supreme Court Will Hear Appeal on Gay Marriage (Update)

Update 2:10 p.m.: City Supervisors respond to U.S. Supreme Court decision on Prop. 8. Read at the bottom Original story 12:29 p.m.: The U.S. Supreme Court just announced that it will review the federal constitutional challenge to Proposition 8, California's ban on gay marriage, as well as the Def ... More >>

Facebook: Should 'Like' Button Be Protected as Free Speech?

We've all seen the Facebook profiles supporting political candidates, the pages for protest, and the mass events that have been organized through this giant social network. Facebook has certainly made its mark on the political scene. Now, the Bay Area-based company wants a constitutional voice.Faceb ... More >>

The Pro-Gay Marriage Ruling Conservatives Should Love

Men with Confederate Flag decals reading "Never Forget" on their gun rack-equipped pickups and a fondness for "state's rights" don't seem like the likely demographic to support same-sex marriage. Following today's unanimous ruling by the 1st Circuit Court of Appeals in Boston that the Defense of Mar ... More >>

CHP Officer Who Shot Woman 12 Times Might Be Found Guilty -- Again

The federal appeals court withdrew its decision to excuse a California Highway Patrol officer for shooting a woman 12 times, killing her instantly. The San Francisco Federal Appeals Court ordered the plaintiffs -- both daughters of the victim -- and the defendant to submit briefs addressing a numbe ... More >>

Appeals Court: Police Can Collect DNA from Arrested Suspects

​Police officers have the authority to forcibly collect DNA from those they arrest, even if the suspects have not been charged with or convicted of a crime, the U.S. Court of Appeals for the Ninth Circuit ruled yesterday.The court upheld a California law, enacted by ballot initiative in 2004, that ... More >>

Prop. 8 Backers to Ask Appeals Court to Rehear Same-Sex Marriage Case

​As some predicted, Proposition 8 backers are saying they will ask a larger group of judges from the liberal-leaning Ninth U.S. Circuit Court of Appeals to review a three-judge panel's decision to strike down California's ban on same-sex marriage, rather than appealing the ruling directly to the U ... More >>

Proposition 8 Is Unconstitutional, Appeals Court Says

​A federal appeals court ruled this morning that California's ban on same-sex marriage is unconstitutional.  New outlets are reporting that the ban will still remain in effect as the case makes its way to the Supreme Court. Both sides had vowed to appeal the ruling if the outcome wasn't in th ... More >>

Alameda Gun Ordinance to Go Before Full 9th Circuit Appeals Court

​The quest for the rights of ordinary, hardworking Americans to carry bazookas and roll Abrams tanks across government property continues its slow advance. The U.S. 9th Circuit Court of Appeals has  agreed to revisit an Alameda County couple's claim that a law banning guns on county land ... More >>

Anonymous Discrimination? Wearing Masks at Protests Illegal in New York City

Wear this to a protest in New York? Fugetaboutit.​Over the last month, masked Anonymous protesters have made a weekly date out of organizing demonstrations at BART stations in San Francisco. When the cops have moved to arrest some, it's usually been for refusing to obey an officers' orders, delayi ... More >>

Eddy Zheng's Deportation Case Will Not Die

In the final battle. ​In 2005, the East Bay Express published a story called "The Last Stand of Eddy Zheng."  Well, it's been six years and Zheng is still standing -- in more or less the same spot. But now the man who was paroled only to face deportation is seeing his saga enter its final rou ... More >>

Supreme Court: S.F. Politicians Free to Denounce Catholic Church

Heresy: The business of S.F. government?​The U.S. Supreme Court has refused to hear a lawsuit brought by the Catholic League for Religious and Civil Rights against the San Francisco Board of Supervisors, essentially settling the question of whether the supervisors were out of line when they passed ... More >>

Kamala Harris Files Brief Supporting Federal Health Care Reform

This won't hurt a bit...​California Attorney General Kamala Harris has filed a brief in the U.S. Court of Appeals for the 11th Circuit seeking to aid the defense of President Barack Obama's landmark health care legislation.The so-called Affordable Care Act, perhaps Obama's most significant legisla ... More >>

Rick James' Estate Suing Universal Music Group for "Cheating Artists" out of Royalties

Pay up.​Rick James' estate is suing his former record label for allegedly paying far fewer royalties than it says it's owed.In a class-action suit filed in San Francisco, the "Super Freak"'s estate claims Universal Music Group is cheating artists out of "tens of million dollars" every year by givi ... More >>

Kamala Harris Wants Federal Appeals Court To Allow Gay Marriages Now

Harris: Let the people marry​Supporters of same-sex marriage just got a powerful ally: California Attorney General Kamala Harris. The newly minted AG is urging the 9th Circuit Court of Appeals to allow gay couples to marry while it considers a federal appeal over the constitutionality of Propositi ... More >>

Imperial County Clerk Wants to Defend Prop 8 Appeal

Hold the cake.​Imperial County Clerk Chuck Storey is attempting to sign onto the legal challenge to Judge Vaughn Walker's decision last year that Proposition 8 is unconstitutional. Storey submitted a brief today to the U.S. Court of Appeals in San Francisco asking for the ability to defend Pr ... More >>

Prop. 8 Trial: The Live Blog

The big day has arrived...​Check back often for frequent updatesMonday, 12:05 a.m.: This is it, folks: the big day for Prop. 8 at the 9th Circuit Court of Appeals. Lawyers for both sides get just two hours to make their cases this morning, and we're going to be on the scene to report about how it ... More >>

Judges Named For Prop. 8 Hearing

​A liberal, a conservative, and a moderate. An old guy, a middle-aged guy, and a sorta young guy. Sounds like the makings for a road-trip comedy. Could be. But it's definitely the composition for the 9th Circuit Court of Appeals' Dec. 6 hearing of the Proposition 8 case, which could determine the ... More >>

Plaintiff Refers to Judges as 'Ass Clowns' In Legal Papers. Judges Not Amused.

Motion to supress...​You catch more flies with honey than vinegar. Actually, you catch the most flies with shit. But the legalistic equivalent of shit didn't do much for Paul Hupp. The plaintiff, who literally made a federal case of a bankruptcy suit stemming from unpaid student debts, referred to ... More >>

Violent Video Game Law Court Found Unconstitutional Has 72 Percent Approval: Poll

Ah, but is it Constitutional? ​According to a recent Zogby poll, 72 percent of Americans support a California law preventing the sale of ultra-violent videogames to children. And yet, the validity of that law isn't for Americans randomly picking up the phone to decide, but the nine justices of the ... More >>

Prop. 8 Stay Granted -- No Gay Marriage Wednesday

Calibree PhotographyMaybe next year, lads​The 9th Circuit Court of Appeals moments ago granted a stay of Judge Vaughn Walker's Aug. 4 ruling overturning Proposition 8 -- meaning there will be no same-sex marriages on Wednesday. The appeal was granted "sua sponte" -- meaning it was not made in rega ... More >>

Do You Have First Amendment Rights in San Francisco Parks or Not?

Now valid in National Parks! Right?​Jurisdictional lines are funny things. Here in San Francisco you can hoist your banners and beat your drum to express the message of your choosing per your First Amendment Rights -- until you tread onto Ocean Beach, the Presidio, or other federal land. The Natio ... More >>

Jerry Brown and Arnold Schwarzenegger Say Let the Gays Marry -- Now

Jerry Brown says: Go get married!​Update: You're never going to believe this, but, at 4:59 p.m. the City and County of San Francisco also filed a motion urging the stay be lifted! Attorney General Jerry Brown has filed a motion with Judge Vaughn Walker requesting that no stay be placed on the ruli ... More >>

Arizona Immigration Law's Appeal Will Come Through San Francisco

The immigration debate is coming our way...​In the wake of Arizona's passage of the draconian and controversial SB 1070, San Francisco kick-started the boycott bandwagon and Mayor Gavin Newsom forbade city officials to travel to the Grand Canyon State. Now that Arizona law will be traveling to San ... More >>

Cyclist Tammy Thomas' Perjury Conviction Upheld by 9th Circuit Court

​Back in 2008, professional cyclist Tammy Thomas was found guilty of perjury for lying to a grand jury about using steroids. Today, San Francisco's 9th Circuit Court of Appeals upheld that ruling. Although Thomas has long denied that she used steroids -- urine samples beg to differ. In 2003, T ... More >>

Appeals Court Reinvigorates Man's Strip Search Claim vs. S.F. Cops

Whether or not the cops can ask you what's in here is a matter the 9th Circuit Court of Appeals recently mulled over...​A man whom an appeals court ruled should arguably never have been arrested by San Francisco police may also not have deserved to have cops peering down his underwear, according t ... More >>

Nazi-Saluting Santa Cruz Gadfly Gets His Day in S.F. Court. Again.

Santa Cruz city council meetings sound like a real thrill​Last year, seemingly ending a case that had dragged on longer than World War II, San Francisco's 9th Circuit Court of Appeals ruled that the City of Santa Cruz was within its rights to twice eject a gadfly from government meetings after he ... More >>

It's Your Petite Friday Morning News Quiz -- With a Prize

Sorry, the other pictures would have given away the answers​It's even more simple than the answer to the question, "Is Gavin Newsom gonna run for lieutenant governor?" Answer the five questions correctly, send me the answers here, and you win a little prize. Comprende? 1. Who is Deborah J. Madden? ... More >>

Bingo! San Francisco Court Rules Against Gambling-Loving Charities, Disabled Groups.

Not so fast, Gramps! This ain't Guadalcanal, it's bingo -- there are rules. ​San Francisco's 9th Circuit Court of Appeals last week did not call the numbers a consortium of  charities and disabled activists were hoping for, quashing an order that had been keeping police from enforcing state b ... More >>

Activists say the SFPD is unfairly impounding and selling cars owned by illegal aliens

Roto-Nerds of the World Rejoice as Fantasy Football Site Spikes NFL in Court

Can you imagine paying licensing fees to use Alex Smith's stats?Aficionados of Pleistocene-era sports video games may remember how "Player No. 16" on the nameless San Francisco team with crimson uniforms was really good -- but the lack of licensing fees forbade any notion of the terms "Joe Montana," ... More >>

Border Crossers

Long rap sheet? No problem. Transgender Latina hookers in S.F. are successfully fighting deportation by asking for asylum.

Bush Administration, GGRA Lose Insurance Food Fight

US Supreme Court to SF Restaurant Association: Pay Up!

What? The city's health care plan is illegal? How does that work?

Frankovich: 9th Circuit Court of Appeals Disables Wheelchair Access Attorney

Most Taunted

The Asylum Trap

Unscrupulous attorneys prey on immigrants seeking green cards with an expensive and fruitless legal scheme. Now 29 Mexicans have joined the disbarment case against one such lawyer.

Split Decision

Republicans want to break up "the 9th Circus," the San Francisco-based liberal federal appeals court. Whose side are you on?

Profiles in Gumption

Thanks to SFMOMA, Mattel wasn't able to squash a Utah artist who puts Barbie dolls in blenders

Play Rotorecall

Have fun with democracy, before it has fun with you

The Past and Future Fraud

Yes, punch-card voting machines are error-prone. The touch-screen systems planned to replace them may be just as bad.

Shaky Ground

Environmental activists adopt a new strategy -- playing the race card

Riff Raff

Tale of a Gun

Following one semiautomatic from manufacture to mayhem

Letters

Splendor in the Court

How lavish can $20 million in cost overruns make a federal court- house? Let's start with the $33,000 desk.

Dog Bites