9th Circuit Court of Appeals

Marcio Jose Sanchez / AP

Most of Idaho’s congressional delegation is getting behind a bill that would splinter off member states of the 9th Circuit Court of Appeals.

BLACK AND PINK FACEBOOK; Wes Morishita

The 9th Circuit Court of Appeals heard arguments from attorneys representing both the State of Idaho and state inmate Adree Edmo on May 16. The State of Idaho is appealing an earlier lower federal court ruling ordering the state to provide sex reassignment surgery for the transgender inmate. Mountain West News Bureau reporter Amanda Peacher joins Idaho Matters to discuss the latest iteration in this precedent-setting case.

Boise, City Hall, City Of Trees
Lacey Daley / Boise State Public Radio

The City of Boise’s petition to the 9th Circuit Court of Appeals to reassess its September decision on a controversial city ordinance was rejected.

Courtesy uscourts.gov

An environmental group is launching a campaign to defend the 9th Circuit Court of Appeals which has been a target for President Trump. The court hears some of the most important environmental and other cases in our region.

Marcia O'Connor / Flickr

As the legal wrangling over a 7,000-pound load of a green, leafy substance seized by Idaho State Police continues, the company behind the cargo says new proceedings vindicate it.

Marcio Jose Sanchez / AP Images

Wednesday morning, a senate committee will consider the nomination of an Idaho attorney for a spot on the bench of the 9th U.S. Circuit Court of Appeals. The court itself has been in the political crosshairs of President Trump.

Four Meridian Executives Face Prison Time

Jul 9, 2018
SalFalko / Flickr

On Tuesday, four ex-business executives from Meridian will face a magistrate judge before being sent to prison for numerous counts of fraud. This comes after four years of appeals and legal proceedings.

Rebecca Boone / AP Photo

A county commissioner says he’s frustrated at having to pay the bill for a third trial in a murder case.

Idaho County Commissioner Skip Brandt says he’d be inclined to let a two-time convicted murderer go free, rather than have to pony up the cost of a third trial.

Brandt says Idaho County shouldn’t have to pay the bill for Mark H. Lankford’s third trial.

Lankford was convicted and sentenced to death in 1984 for beating a Texas Marine Captain and his wife to death at a campsite near Grangeville. That conviction was overturned by the 9th Circuit Court of Appeals.

Cows on a dairy farm
Charlie Litchfield / AP Images

Idaho asked a federal appeals court Friday to reinstate its ban on spying at farms, dairies and slaughterhouses after a lower court judge sided with animal rights activists who said the ban violated free speech rights.

Idaho lawmakers in 2014 made it a criminal offense to enter agricultural facilities by misrepresentation to gain access to records or to make undercover audio or video recordings. The state's large dairy industry had complained that videos of cows being abused at a southern Idaho dairy unfairly hurt business.

Benjamin Lim / Flickr

A federal appeals court has rejected a request by the Coeur d'Alene Tribe to dismiss a lawsuit by Idaho officials seeking to prevent Texas Hold 'Em poker tournaments at the tribe's casino.

The 9th U.S. Circuit Court of Appeals also on Wednesday upheld U.S. District Court Judge B. Lynn Winmill's injunction issued in September preventing the tribe from holding the tournaments while the lawsuit moves forward.

Idaho officials sued the tribe in May 2014 contending all forms of poker are banned under Idaho's Constitution and state law.

Darin Oswald / Idaho Statesman

Officials from St. Luke's Health System say they will not pursue a U.S. Supreme Court challenge to a federal judge's ruling that its purchase of Saltzer Medical Group violated antitrust laws.

The Idaho Statesman reports that St. Luke's CEO David Pate and board Chairman Skip Oppenheimer wrote in a letter to employees Thursday that they respect the Ninth Circuit Court's decision and are working to separate the two companies.

Jessica Robinson / Northwest News Network

An Idaho woman who faced criminal charges for having an abortion won a victory at the 9th U.S. Circuit Court of Appeals Friday.

The federal court found several Idaho restrictions on abortion to be unconstitutional.

The 9th U.S. Circuit Court of Appeals says Idaho's laws restricting abortions after 20 weeks and requiring all second-trimester abortions to take place in a hospital are unconstitutional.

The ruling Friday upholds a judgment made two years ago by U.S. District Judge B. Lynn Winmill.

The case arose after eastern Idaho resident Jennie McCormack was charged with having an illegal abortion. Prosecutors said she obtained an abortion-inducing drug on the Internet and used it to terminate her pregnancy.

The 9th U.S. Circuit Court of Appeals has upheld a lower court's ruling that St. Luke's Health System violated antitrust laws when it acquired Nampa-based Saltzer Medical Group back in 2012.

Modern Healthcare reports the ruling is a win for the Federal Trade Commission, "in its first major case challenging a physician deal." 

Luke Malek
Idaho Legislature

A federal appeals court in Seattle hears arguments Monday in a challenge to the National Security Agency’s (NSA) practice of gathering phone records of millions of people not suspected of crimes. North Idaho lawyer Peter Smith will be arguing for the plaintiff, who is his wife.

Butch Otter
State of Idaho

Gov. C. L. "Butch" Otter is asking the 9th Circuit Court of Appeals for an 11-judge panel to review the three-judge ruling that overturned Idaho's gay marriage ban last week.

Otter announced Tuesday in a news release that the federal judges failed to use the correct legal standard to Idaho's Constitutional definition of marriage.

Otter argues that already one Idaho business has been harmed by the judges' ruling.

Butch Otter
Emilie Ritter Saunders / Boise State Public Radio

Despite what many legal experts see as momentum for same-sex marriage legalization, Idaho governor C.L. “Butch” Otter says he is not concerned about being on the wrong side of history.   

“I don’t know how you end up on the wrong side of history defending the constitution of the state of Idaho,” Otter said Friday morning at a press conference at the Boise airport.

David / Flickr Creative Commons

A reporter for the blog covering the Supreme Court, "Scotusblog" says the state of Idaho likely faces an uphill battle in convincing justices that their case against gay marriage is any different than the seven states the court turned away Monday.

Gay marriage, couples, lawsuit
Adam Cotterell / Boise State Public Radio

This post was updated at 9:16 p.m.

The 9th U.S. Circuit Court of Appeals has now given the state of Idaho until 1 p.m. MDT Monday to respond to this evening's motion from the plaintiffs in the case.  The plaintiffs have until 6 p.m. MDT Monday to reply to that response.

Marcus Linder / Flickr

The American Civil Liberties Union and the Electronic Frontier Foundation are joining in a northern Idaho's woman appeal over the National Security Agency's collection of cell phone information.

Anna Smith of Coeur d'Alene sued the NSA last year, contending that the agency's collection of the data amounts to an illegal search and seizure. In June, U.S. District Judge Lynn Winmill dismissed her lawsuit, and now Smith is appealing the case to the 9th U.S. Circuit Court of Appeals.

Idaho attorneys say a federal judge's ruling striking down the state's law banning abortions after 20 weeks of pregnancy should be reversed because criminal charges against the eastern Idaho woman who filed the initial lawsuit had been dismissed.

The Idaho attorney general's office also told a three-judge panel of the 9th U.S. Circuit Court of Appeals in Pasadena, California, on Friday that the attorney who intervened on her behalf didn't have legal standing.

Gay marriage, couples, lawsuit
Frankie Barnhill / Boise State Public Radio

The four couples who sued to get Idaho's ban on gay marriages overturned this week are asking the 9th U.S. Circuit Court of Appeals to refuse to put the ruling on hold.

Idaho Gov. C.L. "Butch" Otter and Attorney General Lawrence Wasden have both asked the appellate court to temporarily stop a lower judge's ruling ordering that gay marriage be allowed in Idaho starting Friday morning. Wasden and Otter say they need time to appeal, and that the U.S. Supreme Court is likely to take up the matter.

The 9th U.S. Circuit Court of Appeals has rejected Idaho death row inmate Gerald Pizzuto Jr.'s claim that he is too mentally disabled to be executed.

The question of how free speech applies to the side of buses is before a panel of federal judges. Members of the 9th Circuit Court of Appeals heard oral arguments Wednesday in a special meeting in Spokane. The case stems from a controversial ad on Seattle buses but has implications for transit systems around the Northwest.

A group called the Seattle Mideast Awareness Campaign bought the ad in 2010. It shows children standing next to the rubble of a destroyed building. The text says, “Israeli War Crimes: Your Tax Dollars At Work.”

Jessica Robinson / Northwest News Network

A federal ruling out Tuesday will prevent further prosecution, for now, against an Idaho woman charged with having an illegal abortion. The 9th Circuit Court of Appeals also questioned the constitutionality of the anti-abortion law Jennie Linn McCormack was charged with violating.

In 2010, McCormack, of Pocatello got the so-called “abortion pill” off the Internet and ended an almost 20-week pregnancy. After police discovered the fetus, she was charged under a 1972 law that makes it a felony for a woman to induce her own abortion.

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