Nutty ninth strikes again
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  Nutty ninth strikes again
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CARLHAYDEN
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« on: October 26, 2011, 06:27:25 AM »

In Sarei v. Rio Tinto, the nutty ninth (with an en banc 6-5 decision on some matters and 7-4 on others) , the Court decided that, as Senior Judge Andrew Kleinfeld put it, to assert that “the Ninth Circuit now exercise jurisdiction over all the Earth, on whatever matters we decided are so important.”

http://www.law.com/jsp/ca/PubArticleCA.jsp?id=1202520194250

Now, it is established that none of the parties to the suit are American and none of the alleged actions occurred in an area part of or controlled by the United States.

So there is neither personal nor geographic jurisdiction.

The plaintiffs simply wanted a court of left-wing kooks to ignore settled law, and side with them.

Not surprisingly they filed in the Ninth Circuit.

Needless to say, another (rational) Circuit Court ruled otherwise in Kiobel v. Royal Dutch Petroleum.
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Bacon King
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« Reply #1 on: October 26, 2011, 11:48:00 AM »

The court has clear jurisdiction, actually, thanks to the Alien Tort Statute of 1789. I have no idea why this law is still on the books, though.
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Torie
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« Reply #2 on: October 26, 2011, 12:17:06 PM »

In other news, Newt wants to defund the 9th circuit. He has decided to declare war on federal courts that he does not like. No, I am not being hyperbolic here; I am just faithfully conduiting Newt's views to the forum. Tongue
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Verily
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« Reply #3 on: October 26, 2011, 01:20:09 PM »

The court has clear jurisdiction, actually, thanks to the Alien Tort Statute of 1789. I have no idea why this law is still on the books, though.

In fact, as the article itself says, three other circuits have agreed with the Ninth Circuit (the DC Circuit and two others, not sure which). The Second Circuit stands alone in rejecting jurisdiction on statutory grounds.

Not that I am totally convinced there is a constitutional basis for jurisdiction. It's not a federal question (unless the ATS is considered enough to make this a federal question?), and alienage typically requires at least one US citizen. But I don't know enough about the issue to comment.
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Bacon King
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« Reply #4 on: October 26, 2011, 02:29:48 PM »
« Edited: October 26, 2011, 02:32:05 PM by Bacon King, VP »

The court has clear jurisdiction, actually, thanks to the Alien Tort Statute of 1789. I have no idea why this law is still on the books, though.

In fact, as the article itself says, three other circuits have agreed with the Ninth Circuit (the DC Circuit and two others, not sure which). The Second Circuit stands alone in rejecting jurisdiction on statutory grounds.

The Second and Eleventh Districts are the other two districts that have decided in favor of cases based on the ATS, for the record.

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From the opinion of the 2nd District in the 1980 case of Filártiga v. Peña-Irala:

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True Federalist (진정한 연방 주의자)
Ernest
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« Reply #5 on: October 26, 2011, 06:09:51 PM »

McKeown was the one who split her vote.  I definitely agree with her in the 7-4 opinion that corporations should be considered to be people under the Alien Tort Statute.  Torts are one of the most clear places for corporations to be considered persons.  While I agree with the dissenters about the lack of wisdom displayed in allowing such a suit to be brought in federal court, the place for that lack to be corrected is not by judicial activism, but by Congress revising the Alien Tort Statute.
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