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Keyword: 4thcircuit

Brevity: Headers | « Text »
  • Will the Supremes Slap Down 4th Circuit’s Anti-Business Ruling?

    05/26/2015 1:03:44 PM PDT · by nickcarraway · 3 replies
    American Prowler ^ | 5.26.15 | Hans Bader
    In the past, businesses have been happy to put new factories in states like South Carolina and Virginia, due to their right-to-work laws and relatively reasonable employment laws. But they should think twice about doing so in the future, thanks to some recent, very unreasonable court rulings against employers in those states by the U.S. Fourth Circuit Court of Appeals. Those decisions illustrate a contempt for binding Supreme Court precedent, and basic rules of logic, evidence, civil procedure, and appellate procedure A classic example is the Fourth Circuit’s 2-to-1 decision on May 11 in Brown v. Nucor Corp., which violated...
  • Md. attorney general seeks stay on gun ruling

    07/28/2012 4:39:02 AM PDT · by marktwain · 2 replies ^ | 27 July, 2012 | Doug Gansler
    ANNAPOLIS, Md. (AP) - Maryland Attorney General Doug Gansler is asking a federal appeals court to delay the implementation of a judge's ruling that Maryland's gun permit law is unconstitutional, pending an appeal by the state.
  • Maryland gun permit law struck

    07/25/2012 8:36:43 PM PDT · by Tolerance Sucks Rocks · 15 replies
    The Washington Times ^ | July 24, 2012 | David Hill
    A federal judge has ordered Maryland officials to stop enforcing a law barring state residents from receiving concealed-carry handgun permits unless they provide a “good and substantial reason” to carry their weapons in public. U.S. District Court Judge Benson Everett Legg on Monday lifted the stay on his March ruling, which struck down a Maryland law requiring applicants to prove that they need to carry a gun for workplace duties or as protection from a specific threat. The order goes into effect Aug. 7. Maryland Attorney General Douglas F. Gansler, a Democrat, has appealed the initial ruling and could seek...
  • Blackwater suit ends 7 years after Fallujah deaths

    01/06/2012 1:12:09 PM PST · by SmithL · 2 replies
    Associated Press ^ | 1/6/12 | EMERY P. DALESIO
    RALEIGH, N.C. (AP) -- Days after the last U.S. troops left Iraq, a federal appeals court ended a lawsuit over an episode that produced one of the more disturbing images of the war: the grisly killings of four Blackwater security contractors and the hanging of a pair of their bodies from a bridge in Fallujah. Families of the victims reached a confidential settlement with the company's corporate successor, Arlington, Va.-based Academi, and the U.S. 4th Circuit Court of Appeals dismissed the suit last week. The settlement was first reported Friday by The Virginian-Pilot of Norfolk, Va. The deal ends the...
  • US court rejects Zacarias Moussaoui's appeal

    01/04/2010 4:43:24 PM PST · by ButThreeLeftsDo · 4 replies · 320+ views ^ | 1/4/10 | STEVE SZKOTAK , Associated Press
    RICHMOND, Va. - A federal appeals court on Monday upheld the conviction of Zacarias Moussaoui, the only person to stand trial in a U.S. court in the Sept. 11 attacks, rejecting arguments that he was denied access to evidence and the right to choose his own attorney. Moussaoui, 41, is serving life in a federal prison in Colorado, after pleading guilty to helping plan the attacks. Since his sentencing, he has said he lied when testifying that he plotted to hijack a fifth jetliner on Sept. 11, 2001. A three-judge panel of the 4th U.S. Circuit Court of Appeals unanimously...
  • Early Alzheimer's Forces Chief Judge to Retire

    07/11/2009 2:55:00 PM PDT · by Mila · 19 replies · 1,181+ views
    The Washington Post ^ | Friday, Jul. 10, 2009 | By Josh White and Jerry Markon
    The Republican chief judge of the Richmond-based federal appeals court has retired suddenly because of illness, giving President Obama another opening to fill on what was once considered the nation's most conservative appellate court. Karen Williams of South Carolina, the first female chief judge on the U.S. Court of Appeals for the 4th Circuit, stepped down this week shortly after learning that she was in the early stages of Alzheimer's disease, according to her family. Alzheimer's, for which there is no cure, can cause mental deterioration and memory loss. Williams is 57 years old. The 4th Circuit, an influential voice...
  • Court upholds ban on abortion (VA)

    06/24/2009 10:49:57 PM PDT · by STARWISE · 7 replies · 450+ views
    AP/WashTimes ^ | 6-25-09 | Larry O'Dell
    Partial-birth law validated - A sharply divided federal appeals court upheld Virginia's ban on partial-birth abortion Wednesday, ruling that the statute does not unduly burden a woman's right to terminate a pregnancy by more conventional means. The 4th U.S. Circuit Court of Appeals said in a 6-5 decision that the 2003 law also makes clear the type of conduct that is banned, making it unlikely that a doctor would be prosecuted for accidentally performing the procedure, which has the medical term "intact dilation and extraction." The decision reversed a 2-1 panel ruling striking down the law, which is similar to...
  • DC Sniper To Appeal Sentence Again (John Allen Muhammad)

    05/11/2009 3:56:43 AM PDT · by HokieMom · 30 replies · 1,194+ views
    Westwood One ^ | 05-11-2009
    Richmond, VA) -- The DC Sniper will be back in court again tomorrow. John Allen Muhammad is going to a federal appeals court in the hopes of overturning his 2003 conviction, and the death sentence that came with it. Muhammad's new lawyers say the court-appointed attorneys who took over the case after Muhammad tried to represent himself were ineffective, that prosecutors held back evidence, and that the trial judge erred by deciding not allow testimony about Muhammad's traumatic childhood. The case will be heard in the 4th Circuit Court of Appeals in Richmond. The three-week shooting spree in 2002 left...
  • Court Upholds Searches Of Muslim Groups in Va.

    05/08/2009 9:57:04 AM PDT · by La Lydia · 10 replies · 652+ views
    Washington Post ^ | May 7, 2009 | Jerry Markon
    An appeals court yesterday upheld the legality of federal raids on a Herndon-based network of Muslim charities, businesses and think tanks, a case that caused a firestorm in the Muslim community. The U.S. Court of Appeals for the 4th Circuit said the March 2002 raids on homes and business in Herndon and elsewhere in Northern Virginia were "a harrowing experience" for the targets but did not violate their constitutional rights. The court said agents exercised "lawful force" in drawing their guns and handcuffing a family whose home was searched. Federal agents carted away hundreds of boxes of documents during the...
  • 4th US Circuit agrees Fredericksburg VA can prohibit free exercise by council member

    07/24/2008 1:52:48 PM PDT · by mbarker12474 · 14 replies · 239+ views
    Fredericksburg Free Lance Star newspaper ^ | 24 July 2009 | Amy Flowers Umble, newspaper
    CITY PRAYER POLICY UPHELD Fredericksburg Free Lance - Star Fredericksburg Virginia Date published: 7/24/2008 BY AMY FLOWERS UMBLE Fredericksburg City Council can keep Jesus Christ out of its prayers. The 4th Circuit U.S. Court of Appeals yesterday upheld the city's right to start its meetings with nonsectarian prayers. Retired Supreme Court Justice Sandra Day O'Connor sat on the three-judge panel hearing the case and wrote the opinion. "She didn't feel my rights were being violated, but my rights are definitely being violated," said City Councilman Hashmel Turner, who filed the case. "It removed an opportunity for me to pray...
  • William Jefferson D-La trial set to start Dec. 2 (Judge stands firm on Virginia venue)

    06/14/2008 8:49:54 AM PDT · by Libloather · 16 replies · 228+ views
    NOLA ^ | 6/14/08 | Bruce Alpert
    Jefferson trial set to start Dec. 2Judge stands firm on Virginia venue Saturday, June 14, 2008 By Bruce Alpert ALEXANDRIA, VA. -- U.S. District Judge T.S. Ellis III set a Dec. 2 trial date Friday in the federal corruption case of Rep. William Jefferson, D-New Orleans, although the judge admitted that it could be delayed again. **SNIP** A December start means the trial would occur after the fall congressional elections. Jefferson hasn't said whether he's running for a 10th term. In an interview earlier this week, Jefferson said he never announces in advance of qualifying and that his lack of...
  • Court: Hotline call gave grounds to take guns

    03/06/2008 8:43:52 AM PST · by kiriath_jearim · 80 replies · 303+ views
    Maryland Daily Record ^ | 3/4/08 | STEVE LASH
    Citing recent killing rampages in the United States, a federal appeals court on Tuesday threw out a Maryland firefighter’s claim that Gaithersburg police unreasonably searched his home and took his collection of 41 guns and ammunition after responding to a report that he was armed, suicidal and could be a threat to his co-workers. In a 3-0 ruling, the 4th U.S. Circuit Court of Appeals said the police were justified in conducting the warrantless search and seizure in an era of unprecedented domestic carnage at schools, workplaces and shopping malls. “Police, then, simply must be entitled to take effective preventive...
  • Moussaoui Deprived of Constitutional Rights, Attorneys Say

    02/16/2008 11:11:19 AM PST · by 3AngelaD · 51 replies · 207+ views
    Washington Post ^ | February 16, 2008 | Jerry Markon
    Zacarias Moussaoui's guilty plea and life prison term for conspiring in the Sept. 11, 2001, terrorist attacks should be overturned because his case was riddled with errors that deprived him of his constitutional rights, his attorneys said in court papers unsealed yesterday. In their opening brief before the U.S. Court of Appeals for the 4th Circuit, the attorneys said Moussaoui could not choose his own counsel at trial or learn much of the evidence against him because it was secret. "Moussaoui faced the choice between pleading guilty and facing a fundamentally unfair trial in a death-penalty case. This was an...
  • Court Rules in Favor of Enemy Combatant

    06/11/2007 4:09:13 PM PDT · by Ernest_at_the_Beach · 56 replies · 1,286+ views
    breitbart ^ | Jun 11 03:44 PM US/Eastern | ZINIE CHEN SAMPSON AP
    RICHMOND, Va. (AP) - The Bush administration cannot use new anti-terrorism laws to keep U.S. residents locked up indefinitely without charging them, a divided federal appeals court said Monday. The ruling was a harsh rebuke of one of the central tools the administration believes it has to combat terror. "To sanction such presidential authority to order the military to seize and indefinitely detain civilians, even if the President calls them 'enemy combatants,' would have disastrous consequences for the constitution—and the country," the court panel said. In the 2-1 decision, the 4th U.S. Circuit Court of Appeals panel found that the...
  • Court rules against U.S. on combatants

    06/11/2007 9:58:51 AM PDT · by Sub-Driver · 41 replies · 1,757+ views
    Court rules against U.S. on combatants 15 minutes ago A federal appeals court on Monday ruled that the Bush administration cannot legally detain an immigrant as an enemy combatant without charge.
  • Senate Set for Busy Summer on Judicial Nominees

    06/20/2006 5:25:49 PM PDT · by boryeulb · 9 replies · 550+ views
    Human Events ^ | June 20, 2006 | Robert B. Bluey
    The Senate Judiciary Committee is quietly maneuvering to act on two of President Bush's appellate court nominees this summer, while a third nominee awaiting action on the Senate floor is slowly moving closer to a vote, Republican aides told HUMAN EVENTS today. A GOP aide said the Judiciary Committee is moving toward a vote on William Haynes' confirmation to the 4th U.S. Circuit Court of Appeals in July. But before the committee brings Haynes up for a vote, Chairman Arlen Specter (R.-Pa.) is likely hold a second hearing, at which time Haynes would be given the opportunity to defend himself...
  • Bush Moves To Name Appellate Judge in Va. - 4th Circuit Veteran Is Leaving Bench

    05/21/2006 12:25:10 PM PDT · by new yorker 77 · 3 replies · 376+ views
    The Washington Post ^ | May 18, 2006 | Jerry Markon
    President Bush is moving to nominate a replacement for U.S. Court of Appeals Judge J. Michael Luttig, who announced last week that he is leaving the bench to become senior vice president and general counsel at the Boeing Co. White House officials have discussed a number of possible candidates with Virginia's two Republican senators, said David Snepp, a spokesman for Sen. George Allen. The person chosen will require confirmation by the U.S. Senate. The process of selecting Luttig's replacement to the Richmond-based U.S. Court of Appeals for the 4th Circuit is being coordinated by the office of White House counsel...
  • Breakdown of Trust Led Judge Luttig To Clash With Bush

    05/11/2006 8:59:45 AM PDT · by mathprof · 126 replies · 3,502+ views
    Wall Street Journal ^ | 5/11/06 | JESS BRAVIN and J. LYNN LUNSFORD
    After Fight in Terrorism Case, Conservative Star Gives Up Court Seat for Boeing Job. On Nov. 22, U.S. Circuit Judge J. Michael Luttig was at work in his chambers here when he received a telephone call telling him to switch on the television. There, he saw Attorney General Alberto Gonzales announce that the government would file charges against Jose Padilla in a federal court -- treating the accused terrorist like a normal criminal suspect. The judge was stunned. Two months earlier, he had written a landmark opinion saying the government could hold Mr. Padilla without charge in a military brig....
  • Federal Judge (J. Michael Luttig) Leaves Bench For Boeing

    05/11/2006 4:53:25 PM PDT · by Clintonfatigued · 4 replies · 418+ views
    Associated Press ^ | May 10, 2006
    Judge J. Michael Luttig resigned Wednesday from the 4th U.S. Circuit Court of Appeals to accept a job as senior vice president and general counsel for Boeing Co. Luttig, a conservative judge, had been named to the federal bench by former President Bush in 1991 and mentioned last year as a possible nominee for the U.S. Supreme Court.
  • Short Circuit: Breakdown of Trust Led Judge Luttig To Clash With Bush

    05/11/2006 1:56:03 PM PDT · by Paul Ross · 22 replies · 1,244+ views
    Wall Street Journal Online ^ | 5/11/2006 | Jess Bravin & J. Lynn Lunsford
    McLEAN, Va. -- On Nov. 22, U.S. Circuit Judge J. Michael Luttig was at work in his chambers here when he received a telephone call telling him to switch on the television. There, he saw Attorney General Alberto Gonzales announce that the government would file charges against Jose Padilla in a federal court -- treating the accused terrorist like a normal criminal suspect.
  • Federal Judge Resigns to Work for Boeing [Judge J. Michael Luttig has resigned from the 4th U.S.

    05/10/2006 9:15:46 AM PDT · by Sub-Driver · 39 replies · 1,706+ views
    Federal Judge Resigns to Work for Boeing By LARRY O'DELL, Associated Press Writer 5 minutes ago Judge J. Michael Luttig has resigned from the 4th U.S. Circuit Court of Appeals to accept a job as senior vice president and general counsel for Boeing Co., the company said Wednesday. Luttig, 51, a conservative judge, had been mentioned last year as a possible nominee for the U.S. Supreme Court. He was appointed to the 4th Circuit by former President Bush in 1991
  • Not Confirming Judges

    03/15/2006 6:12:40 PM PST · by Reagan Man · 16 replies · 540+ views
    Human Events ^ | March 16 2006 | Bob Novak
    On May 9, 2001, President Bush nominated U.S. District Judge Terrence W. Boyle of Edenton, N.C., to the 4th Circuit Court of Appeals. It took nearly four years for the Judiciary Committee to send his nomination to the Senate floor. It has languished there for more than a year with no prospect for Senate confirmation and no apparent interest by the Republican leadership. Boyle has been on the federal bench for 22 years, and his only liability is that he is a conservative who spent a year on Sen. Jesse Helms's staff. While he is the Bush appellate court nominee...
  • Supreme Court Asked to Transfer Padilla (Please, Your Honor, Can we Conduct a War on Terrorism?)

    12/28/2005 6:50:02 PM PST · by PerConPat · 156 replies · 1,986+ views
    Rueters ^ | Dec. 28, 2005 | unknown
    Wed Dec 28, 5:35 PM ET WASHINGTON (Reuters) - The U.S. government on Wednesday asked the Supreme Court to transfer American "enemy combatant" Jose Padilla from U.S. military custody to federal authorities in Florida -- one week after an appeals court refused a similar request. In a filing to the high court, Solicitor General Paul Clement asked for Padilla's release so he can stand trial on charges of being part of a support cell providing money and recruits for militants overseas. Padilla was indicted last month in Florida for conspiracy to murder and aiding terrorists abroad but the charges make...
  • Padilla Lawyers Link Case to Wiretapping Probe

    12/28/2005 11:38:08 AM PST · by listenhillary · 6 replies · 661+ views
    ABC News ^ | 12/28/2005 | Ariane DeVogue
    Padilla Lawyers Link Case to Wiretapping Probe Arguments Part of Supreme Court Filing Dec. 28, 2005 — - Lawyers for "dirty bomb" suspect Jose Padilla have filed a brief with the Supreme Court urging it to take Padilla's case, linking it to the National Security Agency wiretapping controversy. The brief, filed yesterday, uses strong language against the government for its treatment of Padilla, who was arrested as an "enemy combatant" in June 2002 and indicted by a federal grand jury last month. "The government continues to defend this sweeping view of the president's power to substitute military rule for the...
  • Lawsuit Against Bush? [al Quaida operative seeks to sue Bush for "illegal" wiretap of his phone]

    12/28/2005 6:46:09 AM PST · by COBOL2Java · 40 replies · 1,280+ views ^ | 23 December 2005 | Michael Scherer
    The attorney for the only known target of NSA eavesdropping says his client would be happy to sue the president. By Michael Scherer Dec. 23, 2005 | Iyman Faris, the only named American target of the National Security Agency's secret warrantless wiretap program, will consider a lawsuit against the president of the United States, according to his criminal defense attorney, David Smith. "I am sure he would be delighted to sue President Bush," said Smith, of the law firm English & Smith in Alexandria, Va., who is representing Faris in his criminal appeals. "He may be the only person in...
  • Appeals Court Refuses to Transfer Padilla

    12/21/2005 2:06:48 PM PST · by AntiGuv · 278 replies · 4,666+ views
    Associated Press ^ | December 21, 2005 | Toni Locy
    WASHINGTON - In a sharp rebuke, a federal appeals court denied Wednesday a Bush administration request to transfer terrorism suspect Jose Padilla from military to civilian law enforcement custody. The three-judge panel of the Richmond-based 4th U.S. Circuit Court of Appeals also refused the administration's request to vacate a September ruling that gave President Bush wide authority to detain "enemy combatants" indefinitely without charges on U.S. soil. The decision, written by Judge Michael Luttig, questioned why the administration used one set of facts before the court for 3 1/2 years to justify holding Padilla without charges but used another set...
  • Court Ducks 'In God We Trust' Case

    11/14/2005 12:32:16 PM PST · by Sub-Driver · 37 replies · 1,393+ views
    Court Ducks 'In God We Trust' Case (CBS) WASHINGTON Supreme Court on Monday sidestepped a dispute over the constitutionality of putting "In God We Trust" on government buildings. Earlier this year justices were splintered on the appropriateness of Ten Commandments displays in and near government buildings. The court did not comment in rejecting an appeal over an "In God We Trust" inscription on the Davidson County Government Center in Lexington, N.C. The inscription, in 18-inch block letters, was paid for with donations from individuals and churches in 2002. It is more prominent than the name of the building, according to...
  • Witch gets 'burned' by Supreme Court (Wiccan priestess angry that Christians favored)

    10/11/2005 5:23:40 PM PDT · by wagglebee · 124 replies · 2,380+ views
    WorldNetDaily ^ | 10/11/05 | Joe Kovacs
    A practicing witch who sought to have her prayers heard at government meetings in a Richmond, Va., suburb had no magic before the U.S. Supreme Court. Justices rejected an appeal by Cyndi Simpson, a Wiccan priestess and member of the Broom Riders Association, who wanted to offer a generalized prayer to the "creator of the universe" in Chesterfield County, Va. "I wasn't going to talk about the goddess," Simpson said previous to today's decision. "I was going to call the elements, maybe offer up an invocation to the highest being." Simpson had argued that Christians and members of other faiths...
  • The Power of the Fourth (March 9, 2003)

    09/17/2005 7:53:55 PM PDT · by jeltz25 · 14 replies · 519+ views
    New York Times Magazine ^ | 2003 | Deborah Sontag
    here’s a few tidbits: 1. Luttig has an autographed photo of Clarence Thomas in his chambers, with the inscription “this wouldn’t have happened without you, buddy). Now if Luttig and Roberts are good friends and worked together and were at each other’s wedding, what does this tell us, if anything? 2. Williams got on the 4th because she was friends with Strom Thurmond through her husband and is apparently “anti-gay”, “anti-women”, “anti-black” and “anti-freedom” Can you imagine if John Roberts had an AUTOGRAPHED PHOTO of Clarence Thomas or Scalia in his chambers? I’d want Luttig picked just to see the...
  • Bush can detain 'shoe bomber', says appeals court (J. Michael Luttig's decision)

    09/10/2005 6:43:29 AM PDT · by Embraer2004 · 36 replies · 550+ views
    Gulf News ^ | 9/10/05 | Agencies
    Bush can detain 'shoe bomber', says appeals court Agencies Richmond, Virginia: In a victory for the Bush administration, a federal appeals court ruled that the government can continue to hold indefinitely an American accused of plotting to detonate a radioactive "dirty bomb." In a unanimous decision, the three-judge panel threw out a US district court's finding that the detention of Jose Padilla, a US citizen, as an enemy combatant on Bush's orders was unconstitutional. Padilla has been in custody for more than three years. "The exceedingly important question before us is whether the President of the United States possesses the...
  • Court Won't Rehear Va. Abortion Ban Case

    09/02/2005 10:50:46 PM PDT · by NormsRevenge · 10 replies · 573+ views
    ap on Yahoo ^ | 9/2/05 | Michael Felberbaum - ap
    RICHMOND, Va. - A federal appeals court Friday denied a request by Virginia's attorney general to rehear a case challenging a state law banning a type of late-term abortion. In June, a divided three-judge panel of the 4th U.S. Circuit Court of Appeals ruled that Virginia's law banning what anti-abortion activists call "partial-birth abortion" is unconstitutional because the law lacks an exception to protect a woman's health. The Center for Reproductive Rights challenged the law when it was passed by the General Assembly in 2003, and a federal judge blocked its enforcement. Following the appellate panel's ruling, Attorney General Judith...
  • Naval Academy Will Continue to Say Grace

    08/31/2005 7:01:55 AM PDT · by pabianice · 31 replies · 765+ views
    AP | 8/31/05
    ANNAPOLIS, MD -- The Naval Academy has no plans to drop the regular saying of grace before its midshipmen's lunch, despite a policy issued this week by the Air Force to discourage most public prayer, a spokesman said. The Naval Academy is the only U.S. military institution that holds formal prayer at lunch, a ritual that might date to its founding in 1845. Its chaplains say grace at the mandatory lunch for its more than 4,100 midshipmen. Academy spokesman Cmdr. Rod Gibbons said there are no plans to change the tradition of what he has called "devotional thoughts." Prayers are...
  • U.S. Court Upholds Va. Pledge Requirement

    08/10/2005 10:39:39 PM PDT · by ChristianDefender · 5 replies · 332+ views
    newsday ^ | 08-10-05 | LARRY O'DELL
    RICHMOND, Va. -- An appeals court on Wednesday upheld a Virginia law that requires public schools to lead a daily recitation of the Pledge of Allegiance, rejecting a claim that its reference to God was an unconstitutional promotion of religion. A suit filed by Edward Myers of Sterling, Va., a father of three, raised the objection to the phrase "one nation under God." A three-judge panel of the 4th U.S. Circuit Court of Appeals ruled that the pledge is a patriotic exercise, not an affirmation of religion similar to a prayer. "Undoubtedly, the pledge contains a religious phrase, and it...
  • ACLU backs Wiccan suit

    08/10/2005 8:46:40 PM PDT · by BigFinn · 27 replies · 665+ views
    The Washington Times ^ | August 10, 2005 | By Dionne Walker
    RICHMOND -- Civil liberties lawyers have appealed to the U.S. Supreme Court to allow a Wiccan priestess to offer prayers before a public board's meetings. Cynthia Simpson was turned down in 2002 when she asked the Chesterfield Board of Supervisors to add her name to the list of people who customarily open the board's meetings with a religious invocation. The 4th U.S. Circuit Court of Appeals sided with the suburban Richmond county. In their petition, received by the court yesterday, American Civil Liberties Union lawyers accuse the federal appeals court of trying to "obscure with legal smoke and mirrors" Chesterfield's...
  • Court upholds Virginia's Pledge of Allegiance law

    08/10/2005 2:22:53 PM PDT · by dukeman · 17 replies · 566+ views
    AP ^ | 8/10/05 | Larry O'Dell
    RICHMOND, Va. (AP) - A federal appeals court on Wednesday upheld a Virginia law requiring public schools to lead a daily recitation of the Pledge of Allegiance. Edward Myers of Sterling, Va., a father of three, claimed that the reference to "one nation under God" in the pledge was an unconstitutional promotion of religion. A three-judge panel of the 4th U.S. Circuit Court of Appeals disagreed, ruling that the pledge is a patriotic exercise, not an affirmation of religion similar to a prayer. "Undoubtedly, the pledge contains a religious phrase, and it is demeaning to persons of any faith to...
  • Supreme Court asked to hear witch case

    08/09/2005 6:45:50 PM PDT · by Crackingham · 321 replies · 2,139+ views
    The American Civil Liberties Union has asked the U.S. Supreme Court to review a decision that allows the Chesterfield County Board of Supervisors to exclude a local witch from leading the prayer at open meetings. The ACLU of Virginia yesterday filed its petition with the court seeking to reverse a Fourth Circuit Court of Appeals decision, said ACLU attorney Rebecca K. Glenberg. "Our position is that the 4th Circuit did something really extreme in its decision," she said. "It held that it was acceptable for a government body to treat people differently because of religion." Cynthia Simpson, a witch who...
  • Court Reinstates Hatfill Suit Vs. Times

    07/29/2005 7:35:35 AM PDT · by Tumbleweed_Connection · 407+ views
    NewsMax/AP ^ | 7/29/05 | Limbacher
    A federal appeals court has reinstated a libel suit against the New York Times filed by a former Army scientist who claims one of the paper's columnists unfairly linked him to the deadly anthrax mailings in 2001. Steven Hatfill sued the Times for a series of columns written by Nicholas Kristof that faulted the FBI for failing to thoroughly investigate Hatfill for the anthrax mailings that left five people dead. The initial columns identified Hatfill only as "Mr. Z," but subsequent columns named him after Hatfill stepped forward to deny any role in the killings. Federal authorities labeled Hatfill "a...
  • 4th Circuit reinstates juvenile nudist camp's free-speech lawsuit-(is this NUTS?...or what?!)

    07/06/2005 5:02:31 PM PDT · by CHARLITE · 102 replies · 5,826+ views
    RICHMOND, Va. — A federal appeals court yesterday reinstated a lawsuit challenging a Virginia law requiring parental supervision at a summer camp for juvenile nudists. A three-judge panel of the 4th U.S. Circuit Court of Appeals ruled that the American Association for Nude Recreation-Eastern Region could pursue its claim that the law violates its free-speech rights by crimping its ability to spread its social nudism philosophy. The organization claims it had to cancel a summer camp last summer in southeast Virginia because only 11 of the 35 youths who signed up would have been able to bring a parent as...
  • High Court’s Vacancy Puts Spotlight on Virginian: Judge J. Harvie Wilkinson III

    07/05/2005 8:39:01 PM PDT · by ex-Texan · 20 replies · 602+ views
    The Virginian-Pilot ^ | 7'5'2005 | Dale Eisman
    WASHINGTON — Three years ago, before today’s white-hot struggle over judicial appointments and the philosophical direction of the federal courts grabbed hold of official Washington, a soft-spoken Virginia conservative and a loquacious New York liberal met at the Library of Congress to bat around some ideas. Brought together by the American Academy of Arts & Sciences, Judge J. Harvie Wilkinson III of Charlottesville and Sen. Charles Schumer of New York carried on a friendly debate over the role of political ideology in shaping legal decisions and influencing congressional evaluations of judicial nominees. It’s unlikely many minds were changed during the...
  • [Flashback]: Luttig blasts Clinton administration on policy over gays in the military

    07/02/2005 7:20:46 PM PDT · by nwrep · 9 replies · 588+ views
    The Chicago Tribune | April 7, 1996
    Saying it is the job of elected leaders, not the judiciary, to set military policy, the 4th U.S. Circuit Court of Appeals on Friday upheld the Clinton administration's "don't ask, don't tell" policy on gay service members. It was the first federal appeals court to rule on the policy. The 9-4 decision went against former Lt. Paul Thomasson, who was discharged from the Navy last June after giving a letter to his commander stating, "I am gay. Thomasson, who worked for the admiral administering the "don't ask, don't tell" policy, said the dismissal violated his constitutional right to free speech....
  • Luttig played role in destroying Anita Hill's credibility and ensuring Thomas confirmation

    07/02/2005 3:31:32 PM PDT · by nwrep · 48 replies · 2,879+ views
    The Washington Post Archives | October 15, 1991 | JACK NELSON
    Judge J. Michael Luttig, conservative of the 4th circuit court and one of the most favored candidates cited by conservatives for promotion to the U.S. Supreme Court, played a crucial role in destroying the credibility of Anita Hill during the Thomas confirmation hearings of 1991: ******************************************************* Senate Democrats, after persuading Anita Faye Hill to testify about charges of sexual harassment against Supreme Court nominee Clarence Thomas, offered the University of Oklahoma law professor little protection from a slashing campaign orchestrated by the White House to impugn her character and portray her as a perjurer after she testified Friday. The Democrats'...
  • Lets Support Michael J. Luttig! (Supreme Court)

    07/02/2005 5:36:59 PM PDT · by ConservativeMan55 · 141 replies · 1,897+ views
    The 51-year-old Luttig is considered a solid conservative choice. The Texas native worked in the Justice Department during the first Bush administration and has served on the 4th U.S. Circuit Court of Appeals in Richmond, Va. Luttig helped take down Anita Hill. Luttig a potential pick for Supreme Court. Profile of Michael J. Luttig. Appeals Court Judge Rising Star Among Conservatives. Another Profile of Michael J. Luttig. The self-described legal nerd wrote the 1999 4th Circuit decision that struck down a key provision of 1994 Violence Against Women Act. The Supreme Court agreed on a 5-4 vote that Congress...
  • Boyle Nomination Sent to Senate for OK

    06/16/2005 3:04:03 PM PDT · by pookie18 · 7 replies · 369+ views
    Washington (com)Post ^ | 6/16/05 | JESSE J. HOLLAND
    The GOP-controlled Senate Judiciary Committee on Thursday sent North Carolina judge Terrence Boyle's nomination to the U.S. Appeals Court for confirmation on a party-line vote, leaving Boyle vulnerable to a possible Democratic filibuster. Boyle, a U.S. District Court judge who wants a seat on the 4th U.S. Circuit Court of Appeals in Richmond, Va., advances to the full Senate for confirmation on the 10-8 partisan vote in committee. Democrats have said that a party-line vote in committee leaves judicial nominees open to a filibuster, although they have not said whether they plan to block Boyle, a former aide to retired...
  • Court Lets Law Graduate Sue George Mason Univ. Over F

    06/15/2005 8:30:33 PM PDT · by Crackingham · 46 replies · 1,183+ views
    Washington Post ^ | June 15, 2005 | Jerry Markon
    When Carin Constantine flunked constitutional law after suffering a migraine during the final exam, she did what came naturally. She sued the professor. And the dean. And George Mason University. "It's very ironic that I am suing my constitutional law professor for a violation of the Constitution," Constantine said yesterday. "How much crazier in life can you get than that?" Constantine, 36, who has wanted to be a lawyer since junior high school, suffers from intractable migraine syndrome -- headaches so severe, she says, that they nearly blind her. She accused the university of refusing for months to let her...
  • SCOTUS: High court rejects enemy combatant appeal (Jose Padilla)

    06/13/2005 10:35:27 AM PDT · by NormsRevenge · 306 replies · 3,047+ views
    Bakersfield Californian ^ | 6/13/05 | Gina Holland - AP
    WASHINGTON (AP) - The Supreme Court refused Monday to be drawn into a dispute over President Bush's power to detain American terror suspects and deny them traditional legal rights. It would have been unusual for the court to take the case of "dirty bomb" suspect Jose Padilla now, because a federal appeals court has not yet ruled on the issue. Arguments are scheduled for July 19 at the 4th U.S. Circuit Court of Appeals in Richmond, Va. A year ago, the court ruled the Bush administration was out of line by locking up foreign terrorist suspects at the Navy base...
  • Appeals Court Overrules Virginia Late-Term Abortion Ban

    06/03/2005 4:59:00 PM PDT · by Crackingham · 107 replies · 1,568+ views
    AP ^ | 6/3/05 | Larry O'Dell
    A Virginia law banning a type of late-term abortion is unconstitutional because it lacks an exception to protect a woman's health, a divided federal appeals court ruled Friday. The decision by a three-judge panel of the 4th U.S. Circuit Court of Appeals upheld a ruling by U.S. District Judge Richard L. Williams of Richmond. The Center for Reproductive Rights challenged a law passed by the 2003 Virginia General Assembly that bans a procedure generally performed in the second or third trimester in which a fetus is partially delivered before being killed. Anti-abortion activists call the procedure "partial-birth abortion." The Virginia...
  • Bush And The Judiciary, What Should Be Next?

    05/26/2005 6:46:23 AM PDT · by johnqueuepublic · 27 replies · 581+ views
    PipeLineNews ^ | May 26, 2005 | PipeLineNewsStaff
    Bush And The Judiciary, What Should Be Next? May 26, 2005 - PipeLineNews - As we observes the smoke which continues to rise from the GOP’s latest Senate debacle we feel that it’s time to move on and to test the word and hopefully the mettle of the new Democrat working majority. It is no secret that the Chief Justice of the Supreme Court Justice, William Rehnquist is gravely ill, having undergone throat surgery and chemotherapy to treat his thyroid cancer. Over the past few weeks, rumors have been circulating that sometime in early Summer Mr. Rehnquist will resign...
  • Judge again to decide right to Bill of Rights

    05/19/2005 9:59:54 AM PDT · by Graybeard58 · 26 replies · 667+ views
    Waterbury Republican-American ^ | May 19, 2005 | AP Wire
    RALEIGH, N.C. -- The fight over ownership of North Carolina's long-lost original copy of the Bill of Rights was back before a federal judge trying first to decide who should have temporary ownership. Opponents in a two-year legal saga returned to federal court in Raleigh on Tuesday to argue over who should get the historic, handwritten parchment issued by President George Washington. U.S. District Judge Terrence Boyle awarded the document to North Carolina last year. But in January, the U.S. 4th Circuit Court of Appeals in Richmond, Va., told Boyle to reconsider. Before anyone can decide who owns the document,...
  • (4th US Circuit) Appeals court: 'In God We Trust' slogan does not violate Constitution

    05/13/2005 10:48:34 PM PDT · by NormsRevenge · 31 replies · 890+ views
    San Diego Union -Tribune ^ | 5/13/05 | Larry O'Dell - AP
    RICHMOND, Va. – The inscription "In God We Trust" on the facade of a government building in North Carolina does not violate the U.S. Constitution's guidelines on the separation of church and state, a federal appeals court ruled Friday. A three-judge panel of the 4th U.S. Circuit Court of Appeals unanimously upheld a lower judge's dismissal of a lawsuit challenging the slogan written on the Davidson County Government Center in Lexington, N.C. The inscription, in 18-inch block letters, was paid for with donations from individuals and churches in 2002. Lawyers Charles F. Lambeth Jr. and Michael D. Lea, who regularly...
  • WITCHCRAFT NOT WELCOME County Can Ban Wiccan From Giving Invocation [ACLU alert]

    04/29/2005 8:31:44 AM PDT · by Brilliant · 59 replies · 1,141+ views
    ABA ^ | April 29, 2005 | TERRY CARTER
    The 4th U.S. Circuit Court of Appeals has ruled a Virginia county can refuse to let a witch give the invocation at its meetings by limiting the privilege to clergy representing Judeo-Christian monotheism. Lawyers for Wiccan practitioner Cynthia Simpson planned to file a motion this week asking the full court, based in Richmond, Va., to review the three-judge panel’s decision. While the U.S. Supreme Court has limited government entanglement with religion in the past, the 4th Circuit’s decision relies heavily on a case in which the high court carved out separate and broader boundaries and guidelines for prayer at legislative...