Keyword: appealscourt

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  • 13 Abortion Clinics to Close After Appeals Court Allows Full Enforcement of Texas' Abortion Law

    10/04/2014 10:36:59 AM PDT · by SeekAndFind · 12 replies
    Christian Post ^ | 10/04/2014 | Leonardo Blair
    Some 13 abortion clinics in Texas will reportedly close after a federal appeals court ruled in favor of the state Thursday to fully enforce a new law that requires abortion facilities to meet the same health and safety standards as ambulatory surgical centers. In a 38-page decision published Thursday, a three-judge panel of the United States Court of Appeals for the Fifth Circuit in New Orleans, granted in part, a motion filed by the state of Texas to stay a district court's injunction against the law, and finds that the law is constitutional and does not place an undue burden...
  • Appeals Court Dismisses Lawsuit Over ACA Employer Mandate Delay (Obamacare)

    09/23/2014 10:33:14 AM PDT · by aimhigh · 7 replies
    California Healthline ^ | 09/23/2014 | California Healthline
    On Friday, a three-judge panel for the 7th U.S. Circuit Court of Appeals unanimously moved to dismiss a lawsuit filed by a physician group that challenged President Obama's use of executive action to delay the Affordable Care Act's employer mandate, The Hill reports. The Association of American Physicians and Surgeons filed the suit in October 2013, claiming the ACA should be declared unconstitutional because the government failed to garner congressional approval when it postponed the employer mandate until 2015.
  • Federal Appeals Court Strikes Down Los Angeles Law Prohibiting People From Living in Cars

    06/19/2014 2:45:28 PM PDT · by aimhigh · 21 replies
    Wall Street Journal ^ | 06/19/2014 | Zusha Elinson
    A federal appeals court has struck down a Los Angeles law prohibiting people from living in their vehicles, a ruling that could affect similar laws in numerous cities. The Ninth U.S. Circuit Court of Appeals ruled Thursday that the ban, in place since 1983, is unconstitutionally vague and leads to discriminatory enforcement against the homeless.
  • Gay marriage has second appellate court hearing

    04/17/2014 11:16:48 AM PDT · by Olog-hai · 3 replies
    Associated Press ^ | Apr 17, 2014 12:47 PM EDT | Nicholas Riccardi and Kristi Eaton
    Gay marriage has its second hearing at the federal appellate level Thursday as lawyers for two Oklahoma women and the county clerk who would not give them a marriage license square off in a Denver courtroom. The appeal of a lower court’s January ruling that struck down Oklahoma’s gay marriage ban is the second time the issue has reached appellate courts since the U.S. Supreme Court shook up the legal landscape last year by finding the federal Defense of Marriage Act was unconstitutional. The same three-judge panel of the 10th U.S. Circuit Court of Appeals heard a similar Utah case...
  • (9th Circus) Appeals court rules against California growers over Delta smelt

    03/13/2014 10:44:05 AM PDT · by NormsRevenge · 23 replies
    Yahoo! News ^ | 3/13/14 | Dan Levine - Reuters
    SAN FRANCISCO (Reuters) - As California faces a historic drought, a U.S. appeals court on Thursday sided with federal wildlife regulators who had recommended that the state reduce exports of water from north to south California in order to protect a finger-sized fish, the threatened Delta smelt. The 9th U.S. Circuit Court of Appeals ruled against growers and California water districts in the case and said a lower court had erred in describing the regulators' determination as arbitrary and capricious. Reaction from growers was swift. In a blog post, Damien Schiff, an attorney for growers, said the ruling "is terribly...
  • ‘Nuclear Option’ Talk Heats Up After Another Filibuster

    11/19/2013 11:54:30 AM PST · by Olog-hai · 16 replies
    Roll Call ^ | 7:15 p.m. Nov. 18, 2013 | Meredith Shiner
    Democratic leaders are again taking the temperature of their caucus on whether to finally go “nuclear” and change the Senate rules after Republicans blocked another judge Monday night, aides said. Conversation about the “nuclear option” between leaders and the rank and file began as members trickled back into town before a failed 53-38 cloture vote on the nomination of Robert L. Wilkins to the D.C. Circuit Court of Appeals. Though Democrats have threatened to change Senate rules on multiple occasions this Congress—and have yet to blow up procedure to remove the 60-vote hurdle for nominees—talking about rules change again would...
  • Confirmed: Nine Texas abortion clinics shut down abortions after Court reinstates pro-life law

    11/02/2013 6:47:28 AM PDT · by topher · 28 replies
    LifeSiteNews.com ^ | Fri Nov 01, 2013 13:38 EST | by John Jalsevac
    November 1, 2013 (LifeSiteNews.com) – At least nine Texas abortion clinics have suspended abortions starting today after an Appeals Court reinstated key provisions of the state’s hotly contested pro-life law yesterday, according to reports. The ruling came just three days after U.S. District Judge Lee Yeakel had struck down sections of the law requiring abortionists to have admitting privileges at a nearby hospital and to follow FDA guidelines in administering the abortion drug RU-486.
  • Reid Pushes to Flip Balance of D.C. Circuit Court, Hints at Another Filibuster Battle

    08/12/2013 7:41:20 AM PDT · by cotton1706 · 13 replies
    rollcall.com ^ | 8/9/13 | Niels Lesniewski
    Senate Majority Leader Harry Reid says Democrats are still focused on getting at least one more judge confirmed to the District of Columbia Circuit Court of Appeals — and hinted at more changes to Senate rules unless Republicans stop filibustering “literally everything.” “People don’t focus much on the D.C. Circuit. It is, some say, more important than even the Supreme Court,” the Nevada Democrat said Friday during a lengthy appearance on Nevada Public Radio. “We put on three people — I don’t think they deserve to be on any court, but they — we put them on there, and they...
  • Religious schools claim 'major victory' after ruling on contraception mandate

    12/19/2012 9:43:24 AM PST · by topher · 1 replies
    FoxNews.com ^ | 12-19-12
    Two religious-affiliated colleges claimed a "major victory" Tuesday after a federal appeals court ordered the Obama administration to verify that it is revising the so-called contraception mandate in ObamaCare. The decision out of the D.C. Court of Appeals effectively reinstated a challenge that had been dismissed by lower courts. Wheaton College and Belmont Abbey College were arguing against the federal health care overhaul rule that requires employers to provide access to contraceptive care. "The D.C. Circuit has now made it clear that government promises and press conferences are not enough to protect religious freedom," Kyle Duncan, general counsel for the...
  • Maryland Court Rules Pit Bull Dogs Are "Inherently Dangerous"

    05/03/2012 1:22:20 PM PDT · by Tolerance Sucks Rocks · 151 replies
    KWQC.com ^ | May 2, 2012 | David Nelson and MSNBC.com
    A new ruling makes it easier for anyone attacked by a pit bull or pit bull mix in Maryland to take legal action against the dog's owner. The Maryland Court of Appeals ruling declares pit bulls as a breed are "inherently dangerous," and the owner of a pit bull or a cross-bred pit that attacks is strictly liable for damages, as is any landlord who rents to a pit bull owner. The Maryland SPCA, which arranges adoptions for dogs that need homes, currently has three pit bulls under its care: a five-month-old Brutus is scheduled to be adopted this week,...
  • Judge: Man not guilty due to insanity

    08/26/2011 9:52:26 AM PDT · by DemforBush · 1 replies
    MUNCIE, Ind. (AP) - The Indiana appeals court has ruled that a judge wrongly sentenced a Muncie man to prison for killing his wife and that he should instead be sent to a mental hospital. The decision overturns the verdict of guilty but mentally ill on murder charges that 47-year-old Thomas Curtis received last year after a bench trial...
  • Obama Appeals Court Nominee Hides Pro-Abortion Views in Hearing

    05/25/2011 8:36:19 AM PDT · by julieee · 1 replies
    LifeNews.com ^ | May 25, 2011 | Steven Ertelt
    Obama Appeals Court Nominee Hides Pro-Abortion Views in Hearing Washington, DC -- Steve Six was a thorn in the side of pro-life advocates in Kansas wanting to hold the abortion industry there accountable for violating late-term abortion laws, but you wouldn't know that by his responses at a Senate committee hearing. http://www.lifenews.com/2011/05/25/obama-appeals-court-nominee-hides-pro-abortion-views-in-hearing/
  • Obama Nomination of Six For Appeals Court Shows Abortion Extremism

    03/26/2011 6:59:18 AM PDT · by Clintonfatigued · 9 replies
    Life News ^ | March 18, 2011 | Bradley Mattes
    Demonstrating allegiance to the pro-abortion agenda, Stephen Six successfully captured the attention of President Obama and recently received a judicial nomination to the Federal Appeals Court. That’s bad news for America and here’s why: Mr. Six is notorious for using political powers to protect the abortion industry. As Kansas Attorney General, he personally thwarted the investigation and prosecution of crimes committed by Planned Parenthood. The state’s abortion centers knowingly took advantage of more than 160 minors, covering for rapists and turning a profit off of pain. In addition, Planned Parenthood blatantly conducted at least 39 illegal late-term abortions. A shocking...
  • Wisconsin Supreme Court may take up Walker's collective bargaining law

    03/25/2011 3:14:15 AM PDT · by Scanian · 6 replies
    NY Post ^ | March 24, 2011 | NEWSCORE
    MADISON, Wis. -- A Wisconsin appeals court said Thursday that the state Supreme Court is the appropriate court to decide whether a new law that diminishes the collective bargaining power of public employee unions should go into effect, Fox News Channel reported. A judge in Dane County issued a temporary restraining order halting the law last week until the Circuit Court can decide on a lawsuit brought by the Dane County district attorney, a Democrat, challenging whether the law was passed legally. Republican Gov. Scott Walker signed the law on March 11 following a month of protests at the Wisconsin...
  • How judges kill

    07/03/2010 2:29:52 AM PDT · by Scanian · 21 replies
    NY Post ^ | July 03, 2010 | Editorials
    Eight people were shot -- two fatally -- in four separate incidents in Brooklyn Wednesday night. Last month, 26 people were shot, three fatally, over the course of one weekend in Chicago -- grisly, but a marked improvement over the Windy City's previous weekend, when more than 50 were shot, with eight dying. An argument for tougher gun control? But New York City and Chicago already have some of the most stringent gun-control laws in America -- to no apparent good effect. So perhaps the real issue is a fundamental cultural disrepect for the value of human life -- and...
  • Obama's Appeals Court Nominee Sent to Full Senate with Record of Leniency for Sex Offenders...

    06/12/2010 3:44:43 AM PDT · by Cindy · 11 replies · 472+ views
    CNS NEWS.com ^ | Friday, June 11, 2010 | By Fred Lucas, Staff Writer
    Note: Photo and video included. "Obama’s Appeals Court Nominee Sent to Full Senate with Record of Leniency for Sex Offenders, Serial Killer" SNIPPET: "U.S. District Judge Robert Chatigny of Connecticut took what many considered extraordinary judicial actions in 2005 to prevent the execution of a serial killer, and the judge also has a record of lenient sentencing for sex offenders. Nevertheless, the Senate Judiciary Committee, on a party-line vote, sent his nomination to the full Senate on Thursday. The committee vote was 11-7-1, with only Democrat, Sen. Dianne Feinstein of California, abstaining. All the Republicans voted against the nomination. “This...
  • Senate GOP says Dems ignoring meeting requests (1974 Social Security Law jeopordizes entire bill)

    03/21/2010 2:44:33 PM PDT · by GOPGuide · 106 replies · 5,892+ views
    The Hill ^ | 03/21/10 04:22 PM ET | The Hill Blog
    Senate Republicans on Sunday said that their Democratic counterparts have ignored requests to meet jointly with the parliamentarian about a potential rule violation that they say could halt the reconciliation healthcare bill. Republicans say that a provision in the reconciliation packages raises Social Security revenue, thereby violating rules regulating the reconciliation process. "Republicans have been trying to set up a meeting with Senate Democrats since yesterday to discuss this fatal point of order but have been met with nothing but silence," Don Stewart, spokesman for Senate Minority Leader Mitch McConnell said in a statement. "We suspect Democrats are slow walking...
  • U.S. appeals court upholds convictions of animal-rights activists charged under terrorism statute

    10/15/2009 7:22:06 PM PDT · by NormsRevenge · 4 replies · 329+ views
    LA Times ^ | 10/15/09 | AP
    In a split decision, a U.S. appeals court upheld the convictions of animal-rights activists charged under a terrorism statute with using their Web site to incite threats and vandalism against a company that tests products on animals. The 2-1 decision was the first federal appellate court ruling on a constitutional challenge to the law. Defense lawyers call the Stop Huntingdon Animal Cruelty case only the latest example of the government infringing on activists' free speech. One compared it to the pursuit of communists and civil-rights activists a half-century ago. "The government is always doing the same thing, prosecuting the loud...
  • Appeals court overturns campaign finance rules

    09/18/2009 1:28:10 PM PDT · by NormsRevenge · 9 replies · 1,046+ views
    AP on Yahoo ^ | 9/18/09 | Nedra Pickler - ap
    WASHINGTON – Independent advocacy groups will be able to spend more money to try to influence federal elections under a decision Friday from a federal appeals court that overturned rules limiting nonprofits' campaign spending. Three judges of the U.S. Court of Appeals in Washington agreed with Emily's List, a nonprofit that backs women Democratic candidates who support abortion rights, that the regulations limited free speech rights. The Federal Election Commission enacted the rules in 2005, after concerns were raised about the amount of unlimited "soft money" contributions used to fund attacks in the 2004 election. The FEC said nonprofits would...
  • Appeals court rules against Ashcroft in 9/11 case

    09/04/2009 2:47:23 PM PDT · by NormsRevenge · 36 replies · 1,784+ views
    AP on Yahoo ^ | 9/4/09 | Rebecca Boone - ap
    BOISE, Idaho – A federal appeals court delivered a stinging rebuke Friday to the Bush administration's post-Sept. 11 detention policies, ruling that former Attorney General John Ashcroft can be held liable for people who were wrongfully detained as material witnesses after 9/11. A three-judge panel of the 9th U.S. Circuit Court of Appeals said the government's improper use of material witnesses after Sept. 11 was "repugnant to the Constitution and a painful reminder of some of the most ignominious chapters of our national history." The court found that a man who was detained as a witness in a federal terrorism...
  • Appeals Crt Dumps Elig Arguments;Transparent WH Blacklists 'Birthers'; CBS bans elig. billboards.

    06/04/2009 4:45:34 PM PDT · by patriotgal1787 · 13 replies · 1,374+ views
    United States Justice Foundation ^ | May 30, 2009 | Bob Unruh
    Arguments that had been expected to be taking place before a federal appeals court right about now on whether U.S. citizens have a right to know that their president is eligible for the office he holds have been delayed. Philip Berg, the first lawyer to take the issue of Barack Obama’s compliance with the U.S. Constitution’s requirements for president to court, says he’s been told by officials with the 3rd U.S. Circuit Court of Appeals that the oral arguments in his Berg vs. Obama case, No. 088-4340, have been put off.
  • Appeals court sidetracks California effort to resume executions

    11/21/2008 9:08:56 PM PST · by NormsRevenge · 240+ views
    Mercury News ^ | 11/21/08 | Howard Mintz
    A state appeals court Friday ensured further delays in California's already inert death penalty system, finding that Gov. Arnold Schwarzenegger's administration did not follow proper procedures when it attempted to revise the state's lethal injection method to get executions back on track. In a 14-page ruling, the San Francisco-based 1st District Court of Appeal upheld last year's decision by a Marin County judge who found state officials failed to provide public scrutiny of plans to overhaul California's execution method. The appeals court ruling, if it stands, would force the state to go back to the drawing board in its efforts...
  • Appeals court stops feds plan to log Sierra Nevada forest (9th Circus strikes again)

    05/14/2008 12:17:57 PM PDT · by NormsRevenge · 8 replies · 147+ views
    A federal appeals court has barred logging in the Sierra Nevada forest. The 9th U.S. Circuit Court of Appeals says the federal government failed to explore other ways to raise money to fight forest fires when it approved a plan to award timber contracts to cut down trees on three sites. The Forest Service says the logging of commercially valuable trees is needed to help pay for thinning of less desirable smaller trees and brush. Environmental groups say the logging plan fails to protect scarce species such as the California spotted owl, martin and Pacific fisher. Attorney General Jerry Brown...
  • Appeals court overturns $1.5M verdict to woman spanked at work

    01/16/2008 6:34:08 PM PST · by NormsRevenge · 25 replies · 3,134+ views
    An appeals court has overturned a $1.5 million verdict awarded to a woman who was spanked in front of co-workers in what her employer called a camaraderie-building exercise. A jury in 2006 had ruled that Janet Orlando had suffered sexual harassment and sexual battery when she was paddled on the rear end at home security company Alarm One Inc. The jury punished the company with a $1 million punitive damage award. But on Monday, a unanimous three-judge panel of the state Court of Appeal overturned that verdict, ruling that the jury had been given improper instructions. In particular, the jury...
  • San Francisco Gun Ban ruled Unconstitutional for 2nd Time California State Court of Appeals 3-0

    01/10/2008 9:07:44 PM PST · by TheEaglehasLanded · 15 replies · 198+ views
    Second Amendment Foundation ^ | January 10, 2008 | Alan Gottlieb
    CA APPEALS COURT RULES UNANIMOUSLY IN FAVOR OF SAF LAWSUIT For Immediate Release: 1/9/2008 In a unanimous decision today, the California Court of Appeals ruled that the City of San Francisco’s handgun ban is illegal under state law, upholding a lawsuit filed by the Second Amendment Foundation and several other groups. “This is a great day for gun owners and civil rights in California,” said SAF Founder Alan M. Gottlieb. “This is the second time we successfully fought a gun ban in San Francisco, and what this demonstrates is that the city’s leadership is as horribly out of touch with...
  • CA: Appeals court overturns Forest Service logging rule (9th Circus)

    12/05/2007 3:34:01 PM PST · by NormsRevenge · 30 replies · 84+ views
    A federal appeals court has ruled the U.S. Forest Service violated federal law when it allowed logging projects without analyzing their effects on the environment. The 9th U.S. Circuit Court of Appeals sided with environmentalists who challenged a Bush administration rule that exempted certain timber sales and prescribed forest burns from environmental analysis. The Wednesday decision by the San Francisco-based court overturns a lower court ruling that favored the administration. The Sierra Club and Sierra Forest Legacy sued in 2004 challenging the Forest Service rule, which has been a key component of the Bush administration's "Healthy Forests Initiative."
  • Qualified to Serve (WaPo Supports Judge Southwick's Nomination)

    08/18/2007 7:20:06 AM PDT · by freespirited · 9 replies · 327+ views
    Washington Post ^ | 8/18/07 | Editorial Board
    BEFORE BEING nominated by President Bush to the U.S. Court of Appeals for the 5th Circuit, Leslie H. Southwick served for almost 12 years on the Mississippi Court of Appeals, where he participated in thousands of cases spanning the gamut of civil and criminal law. A panel of the American Bar Association unanimously found Judge Southwick to be "well qualified" for the promotion, its highest ranking. Yet congressional opponents have latched on to two opinions that Mr. Southwick joined, but did not write, to argue that he is unfit for the federal appeals post. ... Adding to the discomfort of...
  • Appeals court upholds California stem cell agency (CIRM, Prop 71)

    02/26/2007 5:28:33 PM PST · by NormsRevenge · 1 replies · 224+ views
    AP on Bakersfield Californian ^ | 2/26/07 | David Kravets - ap
    A state appeals court upheld California's $3 billion stem cell agency Monday against attacks by anti-abortion and tax advocates who claimed the agency's managers had conflicts of interest. The 1st District Court of Appeal upheld a decision by a lower court judge who last year ruled in favor of the California Institute for Regenerative Medicine, which was created when Proposition 71 was passed by 59 percent of the electorate in 2004. The California Family Bioethics Council argued that the stem cell agency is rife with conflicts of interest, saying officials from three university systems who sit on the board overseeing...
  • Appeals court rules against San Manuel tribe in labor dispute

    02/09/2007 2:31:47 PM PST · by SmithL · 2 replies · 308+ views
    Indian tribes are subject to federal labor law, a federal appeals court ruled Friday in a case that could set precedent for labor protections at the nation's booming tribal casinos. A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit rejected arguments from Southern California's San Manuel Band of Mission Indians
  • CA: Appeals court to hear arguments challenging stem cell legislation (oral arguments Feb. 14)

    01/18/2007 3:56:30 PM PST · by NormsRevenge · 2 replies · 227+ views
    San Diego Union - Tribune ^ | 1/18/07 | Terri Somers
    SAN DIEGO – The First District Court of Appeals in San Francisco announced Thursday that it would hear oral arguments Feb. 14 in the case challenging the constitutionality of the California Stem Cell Research and Cures Act, known as Proposition 71. Under the California Constitution, the Appeals Court must render a decision in the case within 90 days of the hearing, absent additional briefings required by the court. The plaintiffs in the case – People's Advocate and the National Tax Limitation Foundation (represented by the Life Legal Defense Foundation), and the California Family Bioethics Council – are appealing an April...
  • Appeals court tosses out Bush smog rules

    12/22/2006 5:57:45 PM PST · by NormsRevenge · 30 replies · 798+ views
    AP on Yahoo ^ | 12/22/06 | John Heilprin - AP
    WASHINGTON - A federal appeals court on Friday struck down the Bush administration's strategy for reducing smog, which impacts the health of more than half the nation's population, mostly those prone to asthma and other respiratory illnesses. The Environmental Protection Agency rules for forcing state cleanups of smog don't meet Clean Air Act requirements, a three-judge panel rule in a suit brought by a Southern California clean-air agency, environmental groups and some mid-Atlantic and Eastern states downwind of others states' smog. Circuit Judge Judith Rogers, writing for the panel of the U.S. Court of Appeals for the District of Columbia,...
  • Appeals Court tells LA to restore Owens River

    09/28/2006 7:49:50 PM PDT · by NormsRevenge · 5 replies · 478+ views
    A state Court of Appeal panel has upheld a court order to ban Los Angeles from using a key aqueduct if it doesn't restore a 62-mile stretch of the Owens River. Wednesday's decision by 4th Appellate District panel in Riverside upheld a ruling last year that imposed sanctions against Los Angeles. Owens Valley residents, environmental groups and state officials claimed victory. "This may be the final salvo in the longest-running fight over an environmental impact report in California history," said Gordon Burns, deputy solicitor general for Attorney General Bill Lockyer. "Now, everybody is holding tight and hoping the city will...
  • CA: Man on death row will have case reheard by appeals court (juror misconduct)

    09/22/2006 9:49:53 AM PDT · by NormsRevenge · 4 replies · 306+ views
    A federal appeals court has agreed to rehear the case of a man on death row for the murder of one woman and the kidnapping, rape and robbery of three others. Stevie Lamar Fields, 49, argued in his appeal that one of the jurors in his trial hid the fact that his wife had been raped, and the man was unfairly biased against him. Fields also claims that his attorney should have objected to having the man on the jury. The decision voids a 3-0 ruling in December by the 9th U.S. Circuit Court of Appeals. An 11-judge panel of...
  • CA: Appeals court says public libraries can bar religious services

    09/20/2006 5:15:17 PM PDT · by NormsRevenge · 30 replies · 529+ views
    AP on Bakersfield Californian ^ | 9/20/06 | David Kravets - ap
    Government libraries can block religious groups from worshipping in public meeting rooms, a federal appeals court ruled Wednesday. The decision overturns a lower court order allowing a Christian group to pray in a Contra Costa County library. The Faith Center Church Evangelistic Ministries, which initially was rejected from holding prayer services at the county's Antioch branch, had won a court order allowing them to pray in meeting rooms open to other groups. A federal judge said it had a First Amendment right of religion to use the public's facilities. But a three-judge panel of the 9th U.S. Circuit Court of...
  • CA: Federal appeals court rules English-only petitions legal (9th Circuit overturns earlier ruling)

    09/19/2006 4:51:55 PM PDT · by NormsRevenge · 14 replies · 645+ views
    ap on Riverside Press Enterprise ^ | 9/19/06 | Ana Beatriz Cholo - ap
    LOS ANGELES Circulating recall petitions in languages other than English is not necessary, a federal appeals court ruled in a local school board case Tuesday. The 11-judge panel of the 9th U.S. Circuit Court of Appeals overturned an earlier decision by a three-judge panel that found the petitions must be translated into other languages. "The expense and trouble of fulfilling the translation requirements are likely to deter proponents who otherwise would launch petitions," the opinion stated. A lawsuit challenging the legality of a 2003 election that resulted in the recall of Santa Ana Unified School District trustee Native Lopez was...
  • CA: Appeals court orders feds to revisit energy-market manipulation (9th Circus)

    08/02/2006 12:31:16 PM PDT · by NormsRevenge · 6 replies · 451+ views
    AP on Bakersfield Californian ^ | 8/2/06 | David Kravets - ap
    A federal appeals court ordered energy regulators Wednesday to consider ordering stiffer penalties for power companies that manipulated the market and caused blackouts during the 2000-2001 energy crisis. The 9th U.S. Circuit Court of Appeals said the Federal Energy Regulatory Commission's 2003 handling of some of the fallout from California's energy crisis was "arbitrary, capricious and an abuse of discretion." The state has sought reimbursement for an estimated $8 billion to $10 billion paid by consumers and businesses for overpriced power. FERC ordered energy companies, including several subsidiaries of bankrupt Enron Corp., to pay about $3 billion for market manipulation....
  • Court reinstates Nebraska's same-sex marriage ban

    07/14/2006 10:31:02 AM PDT · by stan_sipple · 13 replies · 1,102+ views
    Omaha World Herald ^ | 7-14-2006 | AP
    A federal appeals court has reversed a ruling that struck down Nebraska's same-sex marriage ban. The 8th U.S. Circuit Court of Appeals on Friday overturned an earlier ruling by U.S. District Judge Joseph Bataillon, who ruled last year that the measure was too broad and deprived gays and lesbians of participation in the political process, among other things. Seventy percent of Nebraska voters approved the amendment in 2000. The court said the amendment "and other laws limiting the state-recognized institution of marriage to heterosexual couples are rationally related to legitimate state interests and therefore do not violate the Constitution of...
  • California appeals court to hear gay marriage arguments

    07/09/2006 10:27:57 AM PDT · by NormsRevenge · 13 replies · 457+ views
    AP on Bakersfield Californian ^ | 7/9/06 | Lisa Leff - ap
    In nearly two years since John Lewis and Stuart Gaffney took part in this city's same-sex marriage rebellion, the couple has filed three rounds of tax returns, buried a mother, vacationed in Europe and attended five weddings - four involving a bride and a groom. These are the typical joys, sorrows and rituals of couples who have been together for nearly two decades. Yet for Lewis and Gaffney, one of 4,037 pairs whose San Francisco-issued marriage licenses were invalidated by the California Supreme Court, daily domesticity also brings reminders of the legal rights they do not have and are suing...
  • CA: Appeals court upholds rights for separated same-sex parents

    06/10/2006 9:06:48 PM PDT · by NormsRevenge · 19 replies · 501+ views
    A lesbian suing for parental rights over a daughter she had with a former partner is entitled to those rights if she meets several criteria for determining legal motherhood, a state appeals court ruled. The woman must have been integral in planning the conception, raising the child, treating the child as her own and accepting the responsibilities of parenthood, the Court of Appeal panel in San Francisco decided Friday in a 3-0 ruling. State law prefers for a child to be raised by two parents, and the child and parent are entitled to a relationship even if the parents are...
  • Appeals Court Slaps L.A. Over Arrests of Homeless

    04/14/2006 4:47:28 PM PDT · by NormsRevenge · 90 replies · 1,031+ views
    LA Times ^ | 4/14/06 | Henry Weinstein and Cara DiMassa
    Los Angeles' policy of arresting homeless people for sitting, lying or sleeping on public sidewalks as "an unavoidable consequence of being human and homeless without shelter" violates the constitutional prohibition against cruel and punishment, a federal appeals court ruled today. The U.S. 9th Circuit Court of Appeals, in a 2-1 decision, decided in favor of six homeless persons, represented by the American Civil Liberties Union of Southern California. The suit challenged the city's practice of arresting persons for violating a municipal ordinance, which states that "no person shall sit, lie or sleep in or upon any street, sidewalk or public...
  • CA: Appeals court says governor's committee violated disclosure law

    03/30/2006 6:30:04 PM PST · by NormsRevenge · 11 replies · 290+ views
    AP on Bakersfield Californian ^ | 3/30/06 | Steve Lawrence - ap
    A state appeals court says a campaign committee controlled by Gov. Arnold Schwarzenegger broke state law by not promptly reporting millions of dollars in expenditures promoting four measures on last November's special election ballot. The 3rd District Court of Appeal, in a decision issued Wednesday, said Schwarzenegger's California Recovery Team should have reported the expenditures within 24 hours after they were made during the 90 days leading up to the Nov. 8 election but failed to do so. "CRT ignores that the (Political Reform Act) requires reporting of independent expenditures on a 24-hour basis during an election cycle," a three...
  • CA: Appeals court halts logging in forest area scorched by wildfire

    03/24/2006 9:29:40 PM PST · by NormsRevenge · 16 replies · 603+ views
    A federal appeals court on Friday ordered a temporary halt to logging in two sections of the Eldorado National Forest east of Sacramento that were damaged by wildfires in 2004. A lower court in August denied a request by two environmental organizations to immediately end the logging, but the 9th U.S. Circuit Court of Appeals ruled the Earth Island Institute and the Center for Biological Diversity are likely to eventually win their lawsuit. Allowing logging to continue could cause too much damage to the forests while the lawsuit proceeds, the San Francisco-based appeals court ruled. Many of the trees killed...
  • New York 'Choose Life' License Plate Lawsuit is Victorious in U.S. Court of Appeals

    03/09/2006 12:39:48 AM PST · by freepatriot32 · 15 replies · 805+ views
    http://www.earnedmedia.org/ ^ | 3 8 06 | Dr. Elizabeth Rex,
    NEW YORK, Mar. 8 /Christian Wire Service/ -- In a stunning decision released on March 7th, the Second Circuit Court of Appeals dismissed Attorney General Eliot Spitzer’s second attempt to ban the phrase "Choose Life" from a pro-adoption specialty plate in New York State. The Attorney General’s first defeat occurred in January, 2005, when a federal judge ruled that The Children First Foundation (CFF) had sufficiently alleged constitutional violations involving freedom of speech and equal protection under the law. The August 2005 trial date was postponed when the state appealed the federal court ruling to the Second Circuit Court of...
  • Calif. appeals court upholds public right to see divorce records (Ron Burkle case)

    01/20/2006 7:28:30 PM PST · by NormsRevenge · 15 replies · 392+ views
    ap on Bakersfield Californian ^ | 1/20/06 | Greg Risling - ap
    LOS ANGELES (AP) - A state appeals court on Friday determined a California law used by billionaire investor Ron Burkle to seal records in his divorce case is unconstitutional, ruling the First Amendment allows public access to divorce proceedings. The 2nd District Court of Appeal unanimously affirmed a lower court's decision of last year. The three-judge panel noted that the state law, which was intended to improve privacy and confidentiality, places an "undue burden" on the public's ability to review court records in divorce cases. "While the interest in protecting divorcing parties from identity theft and other financial crimes may...
  • Challenge to N.Y. contraception law nixed

    01/13/2006 5:56:38 AM PST · by NYer · 5 replies · 222+ views
    Seattle Pi ^ | January 12, 2006 | MARK JOHNSON
    ALBANY, N.Y. -- An appeals court on Thursday rejected a challenge by Roman Catholic groups to a state law that requires employers to offer prescription contraceptives.The law exempts churches and other religious institutions that primarily serve followers of that religion. However, groups such as Catholic Charities of Albany - which sought to overturn the three-year-old law - were not exempted because their missions were not deemed to be religious."We are very disappointed with the decision," said Dennis Poust, a spokesman for the New York State Catholic Conference."The state is arbitrarily deciding which ministries are religious and which are secular," he...
  • Appeals Court Upholds Stewart's Conviction

    01/06/2006 12:34:20 PM PST · by freepatriot32 · 5 replies · 447+ views
    http://www.comcast.net/ ^ | 1 6 06 | LARRY NEUMEISTER,
    NEW YORK - A federal appeals court Friday upheld the conviction of celebrity homemaker Martha Stewart for lying to investigators about selling stock that plunged in price soon after her trade. Stewart completed her sentence in the case last summer but pursued the appeal anyway. The 2nd U.S. Circuit Court of Appeals in Manhattan issued a written ruling upholding the 2004 convictions of Stewart and former stockbroker Peter Bacanovic for lying about why Stewart sold nearly 4,000 shares of ImClone Systems Inc. stock in 2001. The sale came just before the stock took a dive on a negative government report...
  • Texas appeals court keeps mom's conviction

    12/15/2005 1:12:46 PM PST · by CAWats · 21 replies · 677+ views
    Houston Chronicle ^ | 12/15/2005 | DALE LEZON
    Less than one day after hearing that her conviction had been thrown out, a Harris County woman serving a prison sentence in connection with her baby's death learned this morning that the appeals court has changed its mind.
  • Appeals Court to Hear Mumia Abu-Jamal Case

    12/08/2005 10:20:16 AM PST · by NormsRevenge · 38 replies · 1,144+ views
    AP on Yahoo ^ | 12/8/05 | Michael Rubinkam - ap
    PHILADELPHIA - A federal appeals court has agreed to hear an appeal from death row inmate Mumia Abu-Jamal, the former Black Panther convicted in the 1981 murder of a white Philadelphia police officer. In the most significant ruling in the case in four years, the 3rd U.S. Circuit Court of Appeals said it would consider three of Abu-Jamal's claims. Abu-Jamal, 51, a one-time radio reporter, was convicted in 1982 of shooting Daniel Faulkner, 25, after the officer pulled over Abu-Jamal's brother in 1981. Abu-Jamal's attorney, Robert Bryan, did not immediately return a call for comment. Prosecutor Hugh Burns called the...
  • GOP closer to breaking up left-leaning 9th Circuit appeals court

    11/07/2005 9:19:19 AM PST · by kingattax · 29 replies · 1,604+ views
    San Jose Knight Ridder Newspapers ^ | Nov. 07, 2005 | HOWARD MINTZ
    SAN JOSE, Calif. - Republican lawmakers have tried for decades to split the San Francisco-based 9th U.S. Circuit Court of Appeals, sometimes called the "nutty Ninth" by its detractors. Each time, the nation's largest and most controversial court had done something to tweak a conservative nerve, with rulings on fishing rights in Alaska, timber harvesting in the Northwest or death sentences in California. And, of course, there was the decision three years ago to find the Pledge of Allegiance in public schools unconstitutional because it contains the phrase "under God." But after failing over and over to break up the...
  • Appeals court allows Hatfield to sue Times (NY Times sued for libel - AnthraxGate)

    10/18/2005 6:37:52 PM PDT · by NormsRevenge · 20 replies · 732+ views
    ap on Yahoo ^ | 10/18/05 | Michael Felberbaum - ap
    RICHMOND, Va. - A federal appeals court on Tuesday allowed a former Army scientist to proceed with a libel lawsuit against The New York Times that claims one of the paper's columnists unfairly linked him to the 2001 anthrax killings. Steven Hatfill sued the Times for a series of columns written in 2002 by Nicholas Kristof that faulted the FBI for failing to thoroughly investigate Hatfill for 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...