Ninth Circuit strikes down CA private prison ban

[Sestak]

https://cdn.ca9.uscourts.gov/datastore/opinions/2022/09/26/20-56172.pdf

As is standard on the Ninth Circuit, the en banc is 11 judges and not the whole court.

Majority of Nguyen, Smith, Ikuta, Watford, Owens, Nelson, Lee, Forrest

Murguia, Rawlinson, Sung dissent.

[Donerail]

Seems like pretty clear-cut Supremacy Clause stuff.

[David Hume]

https://cdn.ca9.uscourts.gov/datastore/opinions/2022/09/26/20-56172.pdf

As is standard on the Ninth Circuit, the en banc is 11 judges and not the whole court.

Majority of Nguyen, Smith, Ikuta, Watford, Owens, Nelson, Lee, Forrest

Murguia, Rawlinson, Sung dissent.

All dissenting judges are D appointees. Smith, Ikuta, Nelson, Lee, Forrest are R appointees. So in some sense the three other D appointees sided with R to form the majority.

Nguyen, twice nominated by Obama, and who used to be a Federal prosecutor, seems like a moderate. She received 97-0 and 91-3 confirmation vote.

[Tintrlvr]

They didn't strike down the private prison ban. They only said that it cannot apply to ICE detention facilities as those are federal.

[Donerail]

https://cdn.ca9.uscourts.gov/datastore/opinions/2022/09/26/20-56172.pdf

As is standard on the Ninth Circuit, the en banc is 11 judges and not the whole court.

Majority of Nguyen, Smith, Ikuta, Watford, Owens, Nelson, Lee, Forrest

Murguia, Rawlinson, Sung dissent.

All dissenting judges are D appointees. Smith, Ikuta, Nelson, Lee, Forrest are R appointees. So in some sense the three other D appointees sided with R to form the majority.

Nguyen, twice nominated by Obama, and who used to be a Federal prosecutor, seems like a moderate. She received 97-0 and 91-3 confirmation vote.

Nguyen is a mainstream liberal and the most left-leaning of the three Dem appointees in the majority. Owens is probably the most right-leaning Dem appointee on the circuit (excluding Tallman), Watford is also pretty moderate. Rawlinson is also fairly conservative.