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Keyword: appealscourt

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  • Appeals Court OKs Trump Ohio Poll Monitors, Overturns Lower Court Order

    11/06/2016 7:13:05 PM PST · by tekrat · 15 replies
    International Business Times ^ | 11/6/2016 | MARCY KREITER
    A federal appeals court in Cincinnati overturned a court order Sunday that would have prevented Republican Donald Trump’s supporters from monitoring election activities outside polling places. The decision by the three-judge 6th U.S. Circuit Court of Appeals panel overturned Friday’s decision by U.S. District Judge James Gwin, whose order would have applied to both Democrats and Republicans equally. But unlike Trump, Democrat Hillary Clinton has not exhorted her supporters to stand outside polling places to monitor voting. The decision was in response to a suit filed by Democrats last Sunday, arguing the presence of Trump supporters outside polling places could...
  • How Liberal Judges Took Control of 70 Percent of US Appeals Courts

    09/06/2016 9:41:32 AM PDT · by fwdude · 36 replies
    The Daily Signal ^ | September 4, 2016 | Philip Wegmann
    On the campaign trail in 2008, Barack Obama promised to fundamentally transform the United States of America. After nearly eight years as president, he has delivered on one front by reshaping the federal judiciary. That revolution has been comprehensive, dramatic, and under the radar. When Obama entered the Oval Office, liberal judges controlled just one of the 13 circuits of the U.S. Court of Appeals. Fifty-five successful presidential nominations later, liberal majorities now control nine of those appeals benches, or 70 percent.
  • Jaycee Dugard Loses Federal Appeal Against Parole Officers: Court

    08/26/2016 2:01:11 PM PDT · by ColdOne · 23 replies
    nbcbayarea.com ^ | 8/29/16 | Lisa Fernandez
    A federal appeals court ruled 2-1 on Friday that Jaycee Dugard, who was kidnapped from South Lake Tahoe and held in Antioch by a parolee for 18 years, cannot hold federal parole officers liable for failing to supervise her captor. The ruling was made seven years to the day she was rescued - on Aug. 26, 2009. The U.S. 9th Circuit Court of Appeals had already ruled on this case in March, but Friday's decision was an expanded version of their original opinion. Friday's opinion now becomes a legal precedent. Dugard had argued, unsuccessfully, that federal parole officers failed to...
  • Texas appeals court halts execution of man who did not kill anyone

    08/19/2016 8:06:12 PM PDT · by CorporateStepsister · 24 replies
    Reuters ^ | August 19, 2016 | Jon Herskovitz
    The Texas Court of Criminal Appeals on Friday halted an execution planned for next week of a man convicted as an accomplice to a murder he did not commit in a case that raised questions about how the state applies the death penalty. Jeffery Wood, 43, was scheduled to be executed on Aug. 24 by lethal injection. He was convicted of taking part in a 1996 convenience store robbery during which clerk Kriss Keeran was fatally shot. In its decision, the appeals court asked a lower court to review his sentence and claims from Wood's lawyer that it was obtained...
  • Federal appeals court orders changes to Texas voter ID law

    07/20/2016 12:48:16 PM PDT · by ColdOne · 67 replies
    foxnews.com ^ | 7/2/16 | AP
    AUSTIN, Texas – A federal appeals court ruled Wednesday that Texas' strict voter ID law violates the Voting Rights Act and ordered changes before the November election. ADVERTISEMENT The ruling from the 5th U.S. Circuit Court of Appeals instructs a lower court to make changes that fix the "discriminatory effect" of the 2011 law, but to do so in a way that disrupts this year's election season as little as possible. President Barack Obama's administration took the unusual step of deploying the weight of the U.S. Justice Department into the case when it challenged the law, which requires Texas residents...
  • Appeals court strikes down Texas voter ID law

    07/20/2016 12:44:44 PM PDT · by TigerClaws · 28 replies
    Texas’s voter ID law violates federal laws prohibiting electoral discrimination, an appeals court ruled Wednesday. The U.S. 5th Circuit Court of Appeals struck down the 2011 state law, widely viewed as the one of the nation’s strictest such requirements, ruling that it violates section 2 of the Voting Rights Act. "The record shows that drafters and proponents of SB 14 were aware of the likely disproportionate effect of the law on minorities, and that they nonetheless passed the bill without adopting a number of proposed ameliorative measures that might have lessened this impact," Judge Catharina Haynes wrote in the ruling.
  • Appeals Court Deals Blow to Obama’s Immigration Plans

    11/09/2015 7:42:29 PM PST · by Olog-hai · 15 replies
    New York Times ^ | Nov. 9, 2015 | Michael D. Shear and Julia Preston
    A federal appeals court said Monday that President Obama could not move forward with his plans to overhaul immigration rules by providing up to five million people with work permits and protection from deportation. A three-judge panel of the United States Court of Appeals for the Fifth Circuit, in New Orleans, ruled 2 to 1 against an appeal by the Obama administration, saying that a lawsuit brought by 26 states to block Mr. Obama's actions was likely to succeed at trial. The ruling is the latest blow to the president's efforts to circumvent congressional inaction on immigration by using the...
  • Court Upholds Core of NY Safe Act

    10/20/2015 10:51:26 AM PDT · by Bob434 · 20 replies
    Fox 40 WICZ.com ^ | October, 19, 2015 (Updated 7:21:06 PM) | Fox 40 Staff
    The U.S. Court of Appeals for the Second Circuit has upheld core provisions of the NY Safe Act.
  • Texas Appeals court dismisses most serious charge against Rick Perry

    07/25/2015 6:47:13 AM PDT · by SeekAndFind · 10 replies
    American Thinker ^ | 07/25/2015 | Rick Moran
    A Texas appeals court has dismissed one count of the two count indictment of Governor Rick Perry, leaving open the question of whether the presidential candidate will ever go to trial. The court dismissed the coercion charge, which was based on the dubious notion that Perry acted criminally when he vetoed funding for the Democratic party's arm in Travis County - the Public Integrity Unit. Perry wanted the head of the unit, Rosemary Lehmberg, to resign following her arrest for DUI and subsequent drunken rants against officers that were caught on tape. The prosecutor in Travis country ruled that Perry's veto was...
  • Abortion ban based on heartbeat rejected by appeals court (AR)

    05/27/2015 12:54:33 PM PDT · by Olog-hai · 28 replies
    Associated Press ^ | May 27, 2015 3:40 PM EDT | Allen Reed
    A federal appeals court struck down one of the nation’s toughest abortion restrictions on Wednesday, ruling that women would be unconstitutionally burdened by an Arkansas law that bans abortions after the 12th week of pregnancy if a doctor can detect a fetal heartbeat. The 8th U.S. Circuit Court of Appeals sided with doctors who challenged the law, ruling that abortion restrictions must be based on a fetus’ ability to live outside the womb, not the presence of a fetal heartbeat that can be detected weeks earlier. The court said that standard was established by previous U.S. Supreme Court rulings. The...
  • BREAKING: Obama Executive Amnesty Takes Another Hit From Appeals Court

    05/26/2015 2:23:46 PM PDT · by Servant of the Cross · 12 replies
    Townhall.com ^ | 5/26/2015 | Katie Pavlich
    The Fifth Circuit Court of Appeals has knocked down an Obama administration request to lift a stay issued earlier this year on the implementation of President Obama's December 2014 executive action on illegal immigration. His executive action shields 5 million illegal immigrants in the United States from immediate deportation. In February, Federal Judge Andrew S. Hanen first issued the stay and denied a request for it to be lifted by the administration in April. Hanen also publicly scolded Department of Justice attorneys, slammed Homeland Security for failing to comply with the stay and questioned President Obama's integrity over the issue....
  • Appeals courts shoot down Catholic groups in contraception mandate cases

    05/22/2015 8:59:07 AM PDT · by SeekAndFind · 5 replies
    Hotair ^ | 05/22/2015 | Gabriel Malor
    It was a rough week for Catholic groups arguing that the federal Religious Freedom Restoration Act protects them from being forced to facilitate the provision of contraception to their employees in violation of the groups’ religious beliefs. As you might recall, religious liberty won big at the Supreme Court last year, when the court held that forcing religious businesses to provide contraception in their healthcare plans violated RFRA. But there was a second line of cases that I’ve been referring to as the “accommodation cases,” in which religious groups like the Little Sisters of the Poor, Catholic universities like...
  • 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...