the ninth district court of appeals had sent this back with the unanimous direction to the court to rehear the case, and it did so on two grounds. one, that there was no clear indication that the members of that council were actually guaranteed immunity for their actions. in other words, we are saying is a lot of people sit on boards and sort of assume their actions are free from any sort of negative response if they acted appropriately. however, since all of you to the oath to support and defend the constitution of the united states and the constitution of the state of california, you're also required to defend the rights of those here before you in public comment, and the second issue that this case brings up is whether or not you are immune to that. for example, if you are an attorney, and you know because you are an officer of the court that people have freedom of speech, and they have the right to appeal to the government, then you know that that speech is protected, and when they appear before you, no matter what the comments, they are free to say that under the constitution and unde

of appeal. what i mean when i say that, right now, especially in the ninth circuit, we have a favorable circuit court of appeals. and what congress has chosen to do in 2007 and 2008 is propose a structure by which the ninth would be split into the ninth and a new circuit court of appeals. >> i have to ask you to finish. thank you. you can finish your statement if you can and then your time is up. >> very good. the last issue you may wish to consider is appeals would otherwise be considered under another proposal, all to go to the d.c. circuit court of appeals, which has no specialization in immigration. thank you for your time. >> thank you for your comments. next speaker, please? >> geeping, commissioners. my name is bar tholmue murphy. i am the chairman for the year national immigration reform. that brings an irish voice to the immigration reform bedate. as other speakers here, the irish are in real terms a minority in this debate. there are approximately 50,000 undocumented irish throughout the united states. but we are a very vocal minority, and i thought i would share with you some of the things

yang discussed, has been increasingly narrowed by the courts of appeals to the point where they specifically say, and indeed the government concedes, that -- that the reputational concerns and the harm to customer goodwill is not the sort of harm that exemption 4 guards against. and so that has become increasingly clear among the courts of appeals, that the interests in confidentiality that we're talking about under exception 7(c) -- >> one possible reason you don't find them is because it is very rare that a law enforcement agency is going to try to subpoena the top strategy of the -- of the nrdc, confidential strategy. there might not be too many such records. it -- another reason might be that they don't really care. another reason might be -- i don't know. but if you haven't found any examples, what we're back to -- or -- and maybe there are actual examples of that -- of what you said to justice ginsburg of the other instance, where the -- what was that first one? >> right. >> i'd like to know about the example. what was the first one again? >> well, the -- the first one was comments abo

position unconstitutionally she should get the position back several weeks later we received the court of appeals decision and so their decision was not to grant me the relief . however what they do. insist upon was that the case go back to the lower court. for a reexamination of the first amendment claim. a new principle consumers first entered the public school holly reich a former city teacher who also has international education experience this is the time to move forward to create the school that we all want and so i think that this is a challenge and it's it's a positive challenge we will have a dual language program and it will be outstanding. good morning my name is khalil of all i'm from stop them and draw some we're here this morning because we are concerned about the students being educated at. international academy what are you afraid to be caught at what we are afraid might be told is a doctrine which would be empty western civilization the surrounding circumstances have given us enough cause to be very concerned about the teaching of arabic culture can be a form of indoctrination in

appeals court, federal court. and after looking at it, the appeals court said, you know, the state was unreasonable. these two guys should have gotten out of prison and ordered the state to release them from prison. the state appealed to the u.s. supreme court, and the u.s. supreme court said no, no, no. you had no business, really, getting involved in this. it was a little rebuke to the ninth circuit which has a real tension-filled relationship with the u.s. supreme court. in fact, one of the judges who was overturned this week had two other decisions overturned last week. so very contentious relationship. >> this whole issue of parole really applies to prison overcrowding, which is a huge issue, as we know, financial issue here in california. how is this going to impact this? how is this going to apply? >> in a couple ways. one, there's another case that the supreme court has heard arguments about. it has to do again with the ninth circuit and steven rinehart, liberal judge, ordering the state to release 140,000 inmates, not dangerous criminals but people who will not be a danger of society in order to alleviate overcrowding. the u.s. su

maybe the court of appeals, you normally do. maybe the state courts of appeal, the courts that do not have discretionary jurisdiction. the court of last resort, maybe they have a right to go there, but our jurisdiction is discretionary. we decide who can come. >> you can tell when there is a case with a particular hot- button issue that will get a lot of attention. but i have to say that does not enter into our process of deciding. a lot of our docket is very mundane. out of 90 cases, maybe a half a dozen will make it to the front pages. others are bankruptcy and tax cases, the federal arbitration act cases, that is a big part of our docket. all vitally important, but not anything that will attract interest. >> even a case on a subject that you think of as boring can turn out to be enormously challenging at the end of the day. it could be anything. i do not think subject matter determines our interest in it. it is the challenge of solving this particular question of the law and making it work. it can be on any subject. >> each on

in occur in a court of first instance back in two thousand and nine then he lost the second case in the court of appeal because the extradition cases for foreigners drug go to the supreme court on fortunately this is where it ended and unfortunately for victor the second case of the court of appeal had a lot more precedence a lot more power of a weight than the court of force is the soul of the picture on the first case he did lose the second that's why he was extradited it is a relevant at this point in time where the extradition was legal or illegal. it's obviously absolutely illegal because there is not one person in thailand who's actually signed a document war stays the victim who is to be extradited to the united states but at this point in time i think it's all b.s. the united states government with everything of they have done illegally over the past decade of the war in iraq in the war in afghanistan missing weapons of mass destruction obviously there are going to hand big trouble back to the thai authorities and recognize their mistakes so we just have to deal with victor bill being in new yo

affordable housing, affordable growth, appealed to the superior court -- they appealed to the superior court and then to the california court of appeals and lost again in both courts. so what is the problem with no jurisdiction is in that documents of the court. the last thing i want to say is that i do want to ask for a moratorium on the new code that they are trying to pass based on the lack of research, the new a.b. 335 is a flip over 180 degrees from the required construction to whatever is reasonable to change the house number shall not be denied. president murphy: thank you, mr. morales. >> we have to work together. president murphy: any further public comments? seeing none. >> seeing none, we move on to item number eight, discussion about d.b.i.'s statement of incompatible activities. >> yes. in your package you will see agenda item number eight this is d.b.i.'s statement of incompatible activities as designed by the ethics commission of the city of san francisco. this is the current statement of incompatible activities. the staff and commissioners and board members are required every two years to take an update trainin

the next slowest circuit is 2.5 months faster than the ninth circuit court of appeals. the ninth circuit is the most reversed circuit and perhaps that would be understandable because of the volume of cases that t ninth circuit ars, but the nin circui is the most unanimously reversed circuit by the supreme court. since the white report was issued in 1998, the ninth circuit has unanimously been reversed by the supreme court 59 times. i've included in my submission in conjunction with my w attach lists those 59nanimous reversal by the supreme court. i have includeded as attachment c, the list of administrative office records that show that the ninth circuit is the slowest circuit and attachment a reflects the case loads among the various circuits. the chairman's mark would result in about 6500 cases, assuming the pending cases were transferred, being removed from the ninth circuit court of appeals. this would be of benefit to a circuit that is severely overburdened. thank you again for the opportunity to appear before you. >> judge john roll from 2006 testifying before the

one is is that i hope that most people are aware of the unanimous opinion by the court of appeals, theta cruz board of supervisors, basically were the fourth one from the room and did not allow him to make a comment because he made a gesture, and basically that has been remanded back to the court with the direction that they be here it, because they were denied -- he was denied due process, and it also raises questions whether the actions of members of the board are free from challenge in a sense that they are immune, and it did say that if a board member, it has to be considered whether a board member that interferes with public comment is really completely free to do that, now, i have been here before, and i have talked to you before in this chamber about the fact that many people in this chamber seemed to feel that if you want to interrupt somebody with him you do not disagree, that is ok, and everybody else sort of sits there and lets it happen. the brown act specifically says that the purpose of public comment and the reason you cannot deny it is that it is done to make change. th

maybe the court of appeals, you normally do, maybe the state courts of appeal, but courts the do note discretionary jurisdiction. the court of last resort, maybe they have a right to go there, but our jurisdiction is discretionary. we decided to come. >> you can tell there is a case with the particular hot-button issue that will give a lot of attention. but i have to say that does not enter into our process of deciding. a lot of hard pocket is a very mundane. out of 90 cases, maybe a half a dozen will make it to the front pages. others are bankruptcy and tax cases, the federal arbitration act cases, engine cases, that is a big part of our docket. all vitally important, but not anything that will attract interest. >> even a case on a subject that you think of as boring can turn out to be enormously challenging at the end of the day. it could be anything. i do not think subject matter determines our interest in it. it is the challenge of solving this particular question of the law and making it work. it can be on any subject. >> each one gets of bowed to like anyone else on what cases

this same exact issue was tried before the ninth circuit court of appeals in san francisco. it was a joint management situation between the adult city center and the city of seattle parks and recreation department. the gentlemen who also, ironically, was a blow in twister -- balloon twister was stopped. h'm he was told he needed permits. it took seven years to the ninth circuit -- [chime] the ruling was handed down, saying that they needed to oppose his first amendment rights. i am being harassed by the police and by mjm management. i intend to perform there. president buell: thank you. >> i'm not getting too far. i need your assistance. president buell: thank you. thank you for your testimony. >> is there anyone else that would like to make general public comment? public comment is closed. we are on item number five, the consent calendar. is there anyone that would like to comment on the consent calendar? public comment is closed. >> move to approve. president buell: all in favor? opposed? hearing none, it's unanimous . >> item number 6, approval of contract. >> i will be ve

the 9th circuit court of appeals cannot make a decision on whether california's gay marriage ban is constitutional until the state's highest court weighs in. a brief was filed asking the california supreme court to decide if the backers of ballot prop sixes can step in to defend voter-approved -- prop sixes can step in to defend voter-approved measures in court. that question is important because former governor schwarzenegger and then attorney general jerry brown refused. >>> emergency repairs 2349 east bay have created a massive backup. this is happening on northbound 880 in oakland on high street. it's been going on for several hours now. ktvu's sal castanedo joins us with more on the repairs and how long this might last. >> reporter: this problem has been going on since 7:45 this morning, two lanes at high street, right at the bridge, are closed. we want to talk to caltrans spokesman matt robinson. matt, what's going on today and why the lanes closed? >> we have an emergency lane closure where in the number three lane we had part of the freeway give way and create a hole and now construction c

a state court of appeals has booted former white house chief of staff rahm emanuel off the ballot forayor of chicago. a lower court and that city's board of elections had ruled that he did meet the residency requirement in the city, even though he had lived in washington, d.c., last year while working at the white house. he told reporters today the ruling is just one setback and he will appeal to the state supreme court. >>> the bitter cold that put the midwest in the deep freeze last week has moved east, and from pennsylvania and new york, up through new england, it's downright dangerous out there. 34 below, that will get your attention. 50 below windchills in new hampshire. even colder, minus 37 in upstate new york. the cities weren't spared from this. minus 2 in boston, 6 above here in new york this morning. getting around was tough. if your car wouldn't go, perhaps in this case it was because of a busted water main that encased an audi entirely in ice. amtrak didn't help much because tracks and switches get cold in this weather. welcome and relative warmth, including rain, is head

court of appeals for the third circuit written by samuel alito the nature of this third circuit and now the supreme court. and in this case called hard well, judge alito stressed the procedures have to be both minimally intrusive and also effective. in other words, they have to be tailored to protect personal privacy and they have to deliver on their promise of discovering serious threats. alito upheld an airport check which involved walk through magnetometers, and then an alarm was set off there was a secondary search with hand-held wands and he said airport searches are reasonable is the escalating in fees of as only after a lower level screening discloses a reason to conduct a more probing search. so, you could apply the two tests, the technology has to be minimally intrusive and it has to be effective and see that these naked machines clearly failed both of these tests. they are not merely interested because they could easily be designed in ways that protect privacy rather than threatening to other words you could have the machines rather than the naked machines and they are also no

. >>> the ninth circuit court of appeals took action on the issue of gay marriage today by punting it to california's highest court. the ninth circuit judges want the state supreme court to clarify whether supporters of proposition eight have the legal standing to defend vote-approved measures in court when state officials refused to do it. former governor arnold schwarzenegger and then-attorney general jerry brown refused to repeal an august decision that struck down the ban as the violation of gay rights in california. experts say today's move will delay any real decisions on gay marriage for at least another year. >>> so, are you feeling lucky tonight? millions are taking the chance in hopes of winning the megamillions jackpot lottery, the jackpot $355 million. stores ring up tick it's 242,000 every minute. there and is good reason to this had is the second highest megamillion jackpot ever. nbc bay area's marianne favro is live at a store in san jose hoping luck strike there is twice, including you, marianne. i'm hoping you got tickets for all of us. >> i'm just about to, jessica.

the 9th circuit court of appeals needs an opinion from the california supreme court on whether the sponsors of prop 8 have a legal right to appeal in court. the group that put prop 8 on the ballot said state officials declined to defend the matter. if the answer is no, legal experts say it could end the case and open the way for same-sex marriages to resume. >> a busy news day. >>> a fishing boat washes up near half moon bay. what they were doing as their ship drifted dangerously close to shore. >> and just ahead, these people are here to get a pulse on the job market. what their field trip says about silicon valley's economic outlook. >> and the hopes of millions hinging tonight on a mega millions miracle. we have the winning numbers. >> and then later tonight on "nightline." >> i'm cynthia mchad faen. carolyn and dan, fad diets. from the baby food diet to the cookie diet. did anything ever work? and it is the only person officially declared to be neither a man [ female announcer ] why settle for plain bread when you can have pillsbury grands! flaky layers biscuits? the warm, light delicat

this is from the federal 9th circuit court of appeals. t issued a statement requesting the california supreme court hold a hearing to determine whether supporter of the same sex marriage ban have a legal standing to argue on the propositions we have. the question of legal standi as you remember has been rais before because state leaders refused to defend proposition 8 which was overturned by a federal judge last year. instead supporters of the proposition are defending it. the federal case has been complete stopped until the californ supreme court rules on this question of standing. >> right now this story. think you eat 90% of americans say yes but a new study reveals our perception may be way off. a consumer report survey shows only a quarter of us limit fat and sugar, 43% drink a soda or other sugary drink each day. perhaps not surprising then are weight perception is also off. a third who say they're in a healthy weight are actually either overweit or obese. >> good things to think about. >> yeah. more news evolutions on weight loss. >

this is from the federal 9th circuit court of appeals. as just issued a statement requesting the california supreme court hold a hearing to determine whether supporters of the same sex marriage ban have a legal standing to argue on the propositions we have. the question of legal standing as you remember has been raised before because state leaders refused to defend proposition 8 which was overturned by a federal judge last year. instead supporters of the proposition are defending it. the federal case has been completely stopped until the california supreme court rules on this question of standing. >> right now this story. think you eat healthy? 90% of americans say yes but a new study reveals our perception may be way off. a consumer report survey shows only a quarter of us limit fat and sugar, 43% drink a soda or other sugary drink each day. perhaps not surprising then are weight perception is also off. a third who say they're in a healthy weight are actually either overweight or obese. >> good things to think about. >> yeah. more news ev

today the ninth circuit court of appeals has issues a question, the question is critical. prop eights sponsors are appealing the court districts ruling that banned that proposition. >>> and a truck roll over near the san mateo bridge and another jackknifed on southbound 880 in san jose. only minor injuries were reported. >>> a chp officer suffered minor injuries today after a big rig container fell on his patrol car. it happened when the big rig swerved to avoid a latter on west texas street. the officer shut down four lanes of 880 until 10:00 this morning. >>> and livermore man was hurt when his pickup truck rolled over into a canal. it happened a half mile from the san mateo bridge toll plaza this morning. the far right lane of westbound traffic was closed for an hour and a half while fish and game officials checked to make sure any hazardous materials didn't leak into the water. >>> at this hour the coast guard and clean up crews are removing thousands of gallons of diesel fuel from a large boat that capsized. rob roth is live now with the -- robert handa is live now wi

agree that the city would valiant try to uphold the promise for rent control but 90% chance the court of appeals would find the promises invalid. i also want to add that i really believe that state relocation law applies to the development agreement. i have read the over 100-page document. there are significant public improvements that the city is getting from this development. the city is inextricably intertwined in making this project happen under the development agreement. there is no way that a court would not find -- the law says that anyone displaced by a public agency or private party acting under contract with a public agency, under program undertaken by the public agency, will be displaced and entitled to benefits. i would say the court will find that state relocation law applies. let me finish my sentence. we let people finish their thought when their time runs out. [applause] the tenant protections in the development agreement are inadequate. they only give tenants the right to move into replacement units if they stay all the way through construction. they do not provide the someone m

court of appeals for the third circuit written by samuel alito the nature of this third circuit and now the supreme court. and in this case called hard well, judge alito stressed the procedures have to be both minimally intrusive and also effective. in other words, they have to be tailored to protect personal privacy and they have to deliver on their promise of discovering serious threats. alito upheld an airport check which involved walk through magnetometers, and then an alarm was set off there was a secondary search with hand-held wands and he said airport searches are reasonable is the escalating in fees of as only after a lower level screening discloses a reason to conduct a more probing search. so, you could apply the two tests, the technology has to be minimally intrusive and it has to be effective and see that these naked machines clearly failed both of these tests. they are not merely interested because they could easily be designed in ways that protect privacy rather than threatening to other words you could have the machines rather than the naked machines and they are also no

short-lived short- lived as same-sex marriages will once again put on hold as the ninth circuit court of appeals refused to case. a decision is expected in 2011. >> thank you very much. >> in november, voters elected jerry brown to a third term as governor, denying the victory as the most expensive gubernatorial campaign in history. >>> and for sports fans, this victory may be the story of 2010. the san francisco giants defeated the texas rangers in game five. it was a historic world series win and what followed was an unprecedented post game celebration. two days later, hundreds of thousands of people filled the streets of san francisco to share in the glory. ken pritchett, channel two news. >> the golden state warriors ended 2010 on a winning note. the warriors lead the charlotte bobcats basics and with one minute remaining, stephen jackson put up a shot that just missed and the warriors held onto the win, 96-95. >>> new year's eve is more than just hot air for one woman. a zeppelin lady is getting ready for tonight's celebration. and will the wet weather hold off that we have your new year's

years ago, democrats hold up nominees to the court of appeals, the republicans said to abolish the filibuster. i am amonghose who want to abolish it. >> there are radicals who want to -- >> not radical enough. >> it would be interesting if they actually had to hold the fort and debate it, and with specific numbers of people -- >> like jimmy stewart. >> it would not be jimmy stewart. 10 -- >> 10 jimmy stewarts. it is not in the constitution, and was used pretty sparingly until 10 or 15 years ago. now is if you need 8 2/3 vote to get things done. >> how will they get stuff done? >> they will not get rid of the filibuster. if they get rid of this rule that says a single senator can probably stop just about anything, that would be progress. that is an absurd rule that is ed things up. >> make them stand on the floor like jimmy stewart in "mr. smith goes to washington." >> senator, walk up to your leader and say, "i want a hold on that," and nobody knows about it, i think that is the public business, the public has the right to know, and at the very least, the member has to go to the floor and fil