9th Circuit Court of Appeals

9th Circuit Court sides with Trump administration on banning Title X funds for abortion

A federal appeals court refused Thursday to block the Trump administration’s Title X family-planning rules from taking effect, keeping in place newly instated requirements preventing grant recipients from referring clients for abortions. The Ninth Circuit Court of Appeals rejected a plea from 20 states and the District of Columbia, as well as abortion providers like Planned Parenthood, to impose an emergency stay after lifting June 20 preliminary injunctions ordered by lower courts in California, Oregon and Washington. In February, the Department of Health and Human Services overhauled rules governing Title X grants for family-planning services to low-income patients, prohibiting recipients from using the funds to “perform, promote, refer to, or support abortion as a method of family planning.” The rule change could cost Planned Parenthood, the nation’s largest abortion provider, as much as $60 million per year, although the Title X grants represent only a small percentage of the organization’s half-billion in annual federal funding. Pro-life groups cheered the court for standing by its earlier ruling. All seven of the judges who voted to deny the emergency stay were appointed by Republicans—including two chosen by President Trump—while the four who voted in the minority were named by Democrats. “This is a victory for commonsense, life-affirming policy,” said Kristan Hawkins, president of Students for Life of America. “The Protect Life rule ensures that the people helping women plan for families are not misusing appointments to market abortions at taxpayer expense.” She added that “Title X had become a marketing slush fund for Planned Parenthood, and the Trump Administration and the American people won today.” The Title X overhaul opened the door for pro-life pregnancy centers to receive funds by removing the requirement for “nondirective counseling on abortion.” In March, the Obria Group of California became the first such center to receive a Title X grant. The rule also requires a “clear financial and physical separation” between abortion procedures and other family-planning services, a mandate scheduled to take effect in March 2020. Planned Parenthood blasted the court’s refusal to block “the Title X gag rule,” calling it “devastating.” “This is devastating news,” said Planned Parenthood president Leana Wen. “While we are incredibly concerned the panel did not recognize the harm of the Trump-Pence administration’s gag rule, we will not stop fighting for the millions across the country in need for care.” Jeanne Mancini, president of the March for Life, said that abortion “is neither health care nor family planning and therefore should not be funded by the Title X program.” “This regulation helps to get taxpayers out of the abortion business, without cutting resources for those in need, and is a victory for all Americans,” she said.

Agreed 100!  This is a victory for all hard-working American tax payers.  To be clear, this isn’t about abortion, or outlawing it…or anything like that.  It’s simply a rare common-sense ruling by the otherwise left-leaning 9th Circuit agreeing with the Trump Administrations prohibition against using Title X funds for abortions.  That’s it.  And, it’s about time.  It’s hopefully the first step in stopping ALL federal tax-payer funding of Planned Parenthood entirely.  And, again, this has NOTHING to do with abortions, or their legality.  It’s simply about forcing tax-payers to pay for them; a large percentage of whom have moral objections to such procedures.  If someone wants to undergo that procedure, that’s their business.  But, the rest of us shouldn’t be forced to pay for it.  That’s the bottom line.  I don’t say this very often..but..  Kudos to the 9th Circuit Court for this decision.

Trump judicial nominee confirmed to 9th Circuit Court over Democratic objections

In a 52-45 party-line vote Wednesday, the Senate confirmed President Trump’s nominee to the 9th Circuit Court of Appeals. The confirmation of California lawyer Kenneth Lee marked the first time neither home-state senator had returned a blue slip, a Senate tradition in which the home-state senator gives their opinion of the nominee, the Hill reported. Neither Sen. Dianne Feinstein nor Sen. Kamala Harris, both California Democrats, returned a blue slip on Lee’s nomination to the San Francisco-based court. Lee, 43, a native of South Korea, is a past special counsel for the Senate Judiciary Committee. In a Twitter message, Feinstein cited Lee’s writings on race and civil rights as reasons for her opposition. Senate Minority Leader Chuck Schumer, D-N.Y., agreed that Lee holds “shocking” positions on race and women’s reproductive rights. Sen. Tom Cotton, R-Ark., called Lee “a man of high character” and a brilliant lawyer. The two attended law school together. “Lee’s record shows that he is far outside the legal mainstream,” Feinstein said, according to the Washington Times. Lee wrote in 1994 that gay people have a higher incidence of AIDS because they are more “promiscuous” than straight people. “Nine out of 10 people with AIDS are gay or drug users,” he wrote. He said he was “embarrassed” by that position during his confirmation hearing and that he had matured since then, according to the Hill. In another article, he questioned why a woman would continue working for a man who had assaulted her “just so she can hold on to a part-time job.” In his confirmation hearing, he said at the time of the writing that he didn’t understand workplace dynamics, according to the Hill. Lee’s nomination marks Trump’s 40th circuit judge appointment since taking office.

For more on this nomination of Kenneth Lee, click on the text above.

Trump looks to reshape liberal 9th Circuit Court of Appeals

While much of the nation is focused on the health of ailing Supreme Court Justice Ruth Bader Ginsburg, President Trump’s more immediate and unending concern is the notoriously liberal U.S. Court of Appeals for the 9th Circuit. “Everything goes to the 9th Circuit,” Mr. Trump complained Friday in a bit of hyperbole. “Everything.” Senate Republicans’ padding of their majority in the midterm elections will allow Mr. Trump to move forward with his goal of reshaping the 9th Circuit, as part of his record-setting push to put more conservative judges on circuit courts. The Senate Judiciary Committee will take up five more of Mr. Trump’s judicial nominees Tuesday, including one appeals court judge. The 9th Circuit’s actions on a single day last week illustrated why Mr. Trump wants to change the ideological makeup of the sprawling appeals court, which covers nine Western states and two territories. A three-judge panel of the 9th Circuit ruled on Thursday that Mr. Trump cannot stop an Obama administration program that protects young immigrants living in the U.S. illegally from deportation. On the same day, a federal district judge in Montana — part of the 9th Circuit — blocked construction of the Keystone XL oil pipeline, saying the Trump administration ignored the project’s impact on climate change. The judge, Brian Morris, is an Obama appointee. Mr. Trump signed an executive order on his second day in office approving the Keystone pipeline, which had been blocked by President Obama. The energy project became a symbol of Mr. Trump’s “America First” economic resurgence. “It was a political decision made by a judge,” Mr. Trump lamented Friday. “I think it’s a disgrace. It’s 48,000 jobs. I approved it; it’s ready to start.” He knows where the case is headed in the appeals pipeline. “I guess they’ll end up going to the 9th Circuit, as usual,” Mr. Trump said pessimistically. The appeals court, based in San Francisco, is authorized for 29 judges, and it has six vacancies. Of the 23 current judges, 16 were appointed by Democrats and seven by Republicans. That means if Mr. Trump fills all the vacancies, the 9th Circuit’s balance would be 16 Democratic appointees and 13 Republican — not a flip in ideology, but closer to partisan parity. The president has three nominations pending. “We’re slowly putting new judges in the 9th Circuit,” the president said.

Indeed..  And, with a few pickups in the Senate for the GOP, Trump can start putting a little more conservative nominees forward for a vote to confirm.  For more, click on the text above.    🙂