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ICE detention center in downtown Los Angeles. Photo: Mark Ralston/AFP via Getty Images

Judges on a federal appeals court Wednesday voted 2-1 to overturn an order requiring authorities to monitor and possibly release immigrants being held at detention centers if they are at high-risk for long term COVID-19 complications, the Los Angeles Times reports.

Why it matters: In its ruling, the San Fransisco-based panel said a federal district judge overreached in 2020 when he issued a preliminary injunction requiring the monitoring. The Trump administration appealed that ruling, and Biden's Justice Department continued to argue against it when he took office.

  • The 9th Circuit Court of Appeals declined to let lawyers of both parties mediate their differences in September, saying that request came too late, per L.A. Times.

Judge Daniel Bress joined Judge Eric Miller — both Trump appointees — in ruling to scrap the order. Judge Marsha Berzon, a Clinton appointee, dissented.

The backdrop: Judges on the panel had signaled during oral arguments that the lower court was “micromanaging” the release of the detainees when it issued the original order, and that it lacked the authority to mandate such a process.

What they're saying: "We're heartbroken & infuriated to report that the 9th cir. reversed the Fraihat preliminary injunction - the basis for the release of 1000s of medically vulnerable immigrants throughout the pandemic," tweeted the Civil Rights Education and Enforcement Center, which advocates for immigrant detainees.

  • The group blamed Biden and his administration for the ruling: "[T]his is on you for actively litigating the appeal."

What's next: A lawyer with the center, Elizabeth Jordan, said it was considering its options, including appealing the decision to a larger panel of the court.

Go deeper

Appeals court upholds California's ban on high-capacity magazines

A salesperson holds a high-capacity magazine for an AR-15 rifle at a store in Orem, Utah. Photo: George Frey/Bloomberg via Getty Images

The 9th U.S. Circuit Court of Appeals on Tuesday upheld California's ban on high-capacity ammunition magazines in a case that could reach the Supreme Court.

Why it matters: Gun rights groups have pushed to get firearms cases before the nation's high court, where conservative justices now hold a 6-3 majority, and will now ask the Supreme Court to take up the case, according to AP.

Nov 30, 2021 - Politics & Policy

Conservative group targets Biden court pick ahead of Mississippi abortion case

A screenshot from an ad targeting Dale Ho. Courtesy: Judicial Crisis Network

A conservative group is targeting Dale Ho, President Biden’s judicial nominee to serve on the Southern District Court of New York, with a six-figure ad buy — launching the first TV campaign against a Biden court pick.

Why it matters: The Supreme Court is set to hear a Mississippi abortion law case on Wednesday, and conservatives and progressives are bracing for the political fallout from additional legal showdowns, as well as a battle over the president’s effort to fill some 70 vacancies throughout the federal judiciary.

Movie theaters go out of style

Illustration: Sarah Grillo/Axios

Vaccination rates are going up, people are going out to restaurants again — although the new COVID variant may get in the way — but they still aren't rushing back to the movies.

By the numbers: Some 49% of pre-pandemic moviegoers are no longer hitting theaters, according to a study from the film research company The Quorum, as reported by the New York Times.

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