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Keyword: fourthcircuit

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  • Supremes have no problem with teacher forcing Christian student to voice Islamic prayer

    10/15/2019 11:22:09 PM PDT · by amorphous · 109 replies
    World Net Daily ^ | October 15, 2019 | WND Staff
    The U.S. Supreme Court on Tuesday declined to take the case of a public school teacher who required her students to recite the Islamic "conversion prayer" or receive a failing grade. The Thomas More Law Center is defending Caleigh Wood, a Christian student in 11th grade at La Plata High School in La Plata, Maryland. Wood refused to deny her faith "by making a written profession of the Muslim conversion prayer known as the shahada – 'There is no god by allah and Muhammad is the messenger of allah,'" Thomas More said. The 4th U.S. Circuit Court of Appeals ruled...
  • Court rules detainees don't have to be held in same state as children

    04/17/2019 7:59:29 AM PDT · by ding_dong_daddy_from_dumas · 8 replies
    The Hill ^ | 04/16/2019 | Tal Axelrod
    A federal appeals court ruled Tuesday that apprehended migrants do not have the right to be held in the same state as their children while in detention, thrusting the issue of migrant family separations back into the spotlight. The U.S. Court of Appeals for the 4th Circuit affirmed a district court’s ruling that migrants do not have a “due process right to family unity.”
  • Senate Confirms 37-Year-Old to Lifetime Seat on U.S. Circuit Court

    03/05/2019 2:02:15 PM PST · by House Atreides · 117 replies
    Huffpost ^ | March 5, 2019 | Jennifer Bendery
    The Senate voted Tuesday to confirm Allison Jones Rushing, 37, to the U.S. Court of Appeals for the 4th Circuit, making her the youngest federal judge in the country. The Senate voted 53-44 to put Rushing into the lifetime court seat. Every Republican present voted for her. Every Democrat present opposed her.
  • Appeals court to review Trump’s revised travel order (Today)

    05/08/2017 9:07:12 AM PDT · by xzins · 93 replies
    Conservative Daily News ^ | 8 May 17 | Rich Modell
    President Trump’s revised executive order, commonly referred to as the travel ban, will be reviewed by a federal appeals court on Monday afternoon. The case, International Refugee Assistance v Trump, is centered on a battle between presidential authority and the rights of foreigners to travel to the United States. The Fourth Circuit Court of Appeals in Virginia will decide if the travel order violates the First or Fourteenth amendments to the Constitution or the anti-discrimination section of the Immigration and Nationality Act. The Constitution does not usually apply to non-U.S. citizens on foreign soil. But a professor of immigration law...
  • So the Fourth Circuit court just basically gutted Heller

    02/23/2017 8:30:03 AM PST · by SeekAndFind · 54 replies
    Hotair ^ | 02/23/2017 | Jazz Shaw
    It looks like Neil Gorsuch is going to have his plate full when he finally takes his seat on the Supreme Court. The Fourth Circuit Court of Appeals has been busy uprooting the Second Amendment this week, delivering a stunning opinion which essentially overturns the Heller decision without so much as a by your leave to SCOTUS. It involves a case out of Maryland where the state’s Democrats decided to ban “assault rifles” and high-capacity magazines. Apparently the idea of precedent is not something they care to have any truck with, as Charles C.W. Cook explains at National Review....
  • 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...
  • Appeals court strikes down NC abortion provision

    12/22/2014 10:37:50 AM PST · by Morgana · 8 replies
    WRAL ^ | 12.22.2014 | Matthew Burns
    Richmond, Va. — The 4th U.S. Circuit Court of Appeals on Monday declared as unconstitutional a North Carolina law requiring abortion providers to show a woman an ultrasound and describe the images in detail four hours before she can have an abortion. The decision upholds a lower-court ruling from January and could send the issue to the Supreme Court. "This compelled speech, even though it is a regulation of the medical profession, is ideological in intent and in kind," the 4th Circuit judges wrote in their 37-page opinion. "The means used by North Carolina extend well beyond those states have...
  • North Carolina's Abortion Ultrasound Law Nixed By Appeals Court

    12/22/2014 11:10:25 AM PST · by TangledUpInBlue · 20 replies
    Yahoo News ^ | 12/22 | Jennifer Gerson Uffalussy
    A North Carolina law requiring abortion providers to not only conduct an ultrasound but describe its content in detail to women seeking an abortion — whether or not they have asked for or want to receive an ultrasound — was blocked on Monday, December 22, by the Fourth Circuit court of appeals. The law was preliminarily blocked in October 2011 and also deemed unconstitutional by a federal court in January 2014. In its ruling, the Fourth Circuit determined that the law prohibits a physician’s right to free speech by mandating what conversations doctors are required to have with their patients,...
  • On the other hand: Fourth Circuit upholds ObamaCare subsidies for federal exchange consumers

    07/22/2014 11:15:41 AM PDT · by SeekAndFind · 43 replies
    Hotair ^ | 07/22/2014 | AllahPundit
    Well, this is awkward.Unlike the D.C. Circuit, which split 2-1, the majority here was 3-0. Even so, the most noteworthy thing about the opinion is how tormented the court seems in trying to determine what Congress intended when it said that subsidies should be available only on “an exchange established by the State.” From page 20:Page 24:Page 28:If they can’t decide what the key phrase was designed to do, why don’t they follow the D.C. Circuit’s lead and stick with the plain text? In the first excerpt above, the court frankly admits that the language of the law seems...
  • Third court overturns Obama recess appointments

    07/17/2013 7:06:29 PM PDT · by grundle · 12 replies
    Washington Times ^ | July 17, 2013 | Stephen Dinan
    A third federal appeals court ruled Wednesday that President Obama violated the Constitution last year when he made recess appointments to the National Labor Relations Board, adding more weight to the case as it goes before the Supreme Court in the justices’ next session. The Fourth U.S. Circuit Court of Appeals, in a 2-1 decision, said that the president can only make recess appointments after Congress has adjourned “sine die,” which in modern times has meant when it breaks at the end of each year.
  • Adams v. UNCW Heads to Trial

    04/08/2013 2:50:40 PM PDT · by Kaslin · 4 replies ^ | April 8, 2013 | Mike Adams
    After six years of litigation, I am pleased to report that I have finally won the right to present my case against UNC-Wilmington to a jury of my peers here in North Carolina. My case began in September of 2006 when I was denied promotion to full professor. At the time, I had multiple teaching awards and outstanding reviews from students for my teaching. I had published more peer-reviewed articles than the vast majority of my colleagues. In fact, my department had never denied promotion to full professor to anyone with as many peer reviewed publications as I had accumulated....
  • Fourth Circuit gets it right on Open Carry

    03/20/2013 6:11:42 AM PDT · by marktwain · 8 replies ^ | 19 March, 2013 | An Ordinary Guy
    Does Open Carry, in an Open Carry state, give police a reasonable articulable suspicion that a crime is occurring? Cops can’t just stop you, frisk you, or demand identification from you. Terry v. Ohio decided that a police officer must have “reasonable suspicion that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person “may be armed and presently dangerous” before he can detain you. But does that change if you’re hanging out with a person who openly carries a firearm?
  • Richmond's Fourth Circuit Is Stage For Next "Lawfare" Battle Against Donald Rumsfeld

    10/25/2011 11:20:25 AM PDT · by american_steve · 2 replies
    OfficialWire ^ | 10/25/2011 | Staff
    Jose Padilla, a U.S. citizen, former gang member, and designated enemy combatant who was sentenced to 17 years in prison, is mounting an aggressive appeal. The oral arguments on October 26 in Richmond’s Fourth Circuit will strike at the heart of the Constitution. Padilla brought a lawsuit against former Secretary of State Donald Rumsfeld and other high-ranking officials, alleging he was illegally detained and tortured in the military brig after his 2002 arrest. That suit, which has been described as “lawfare” or exacting personal and financial “flesh” from an opponent, was dismissed last February by a federal judge in Charleston,...
  • Fourth Circuit Decisions Dodge Central Obamacare Issues (Good Analysis)

    09/09/2011 11:51:17 AM PDT · by mojito · 4 replies
    NRO's Bench Memos ^ | 9/8/2011 | Carrie Severino
    As Ed Whelan has noted, today the Fourth Circuit handed down a decision against both Virginia and Liberty University in their cases challenging the constitutionality of Obamacare. While this is a defeat for the particular plaintiffs and a boon for the government insofar as it eliminates two more fronts on which the law is being attacked, it’s hardly a victory for Obamacare itself. Both decisions rest on grounds that will not affect the other appellate decisions now en route to the Supreme Court.
  • No Standing in Richmond: The 4th Circuit Upholds ObamaCare

    09/08/2011 10:49:45 AM PDT · by SeekAndFind · 21 replies
    National Review ^ | 09/08/2011 | Tevi troy
    Politico’s Jennifer Haberkorn reports the disappointing news that the Fourth Circuit Court of Appeals has ruled that the State of Virginia lacks the standing to sue the federal government over the Obama health-care law. The decision was based on a procedural question over the right to sue, and therefore does not change the high likelihood that this issue will be decided by the Supreme Court. Fortunately, it also appears as if the decision will not help the Obama administration bolster its legal case against the individual mandate. As Haberkorn reports, “The legal victories might not provide the administration with much...
  • Appeals panel hearing ObamaCare suit comprised of 2 Obama nominees and a Clinton nominee

    05/10/2011 7:00:58 AM PDT · by UniqueViews · 28 replies
    Washington Examiner ^ | May 10, 2011 | Philip Klein
    A three-judge federal appeals panel comprised of two Obama nominees and a Clinton nominee will hear arguments later this morning in two lawsuits challenging the constitutionality of the national health care law. The makeup of the U.S. Fourth Circuit of Appeals panel is crucial, because in lower court rulings so far, Democratic judges have upheld the law while Republican judges have declared it unconstitutional. The judges on the panel will be Obama nominees James A. Wynn, Jr and Andre M. Davis, who will sit on the panel along with Clinton nominee Diana Gribbon Motz.
  • Battle Over Health Care Law Shifts to Federal Appellate Courts

    05/09/2011 3:31:54 AM PDT · by BCrago66 · 4 replies · 1+ views
    NY Times ^ | 5/8/11 | Kevin Sack
    A five-week flurry of federal appellate hearings on the constitutionality of the Obama health care law kicks off Tuesday in Richmond, Va., beginning the second round of a race to the Supreme Court among a multitude of litigants eager to strike down the president’s signature domestic achievement. At Tuesday’s hearing, the United States Court of Appeals for the Fourth Circuit will consider a pair of contradictory rulings sent up from the lower courts. In one case, filed by Virginia’s attorney general, a federal district judge in Richmond ruled late last year that Congress had exceeded its authority by requiring most...
  • Fourth Circuit Denies Qualified Immunity for Botched SWAT Raid

    03/23/2011 11:33:29 AM PDT · by The Magical Mischief Tour · 40 replies
    The Agitator ^ | 03/23/2011 | Radley Balko
    It wasn’t a drug raid. But the details are fun. From the opinion: On May 31, 2007, Sam Bellotte printed some photographs from a memory card at a self-service station in a Winchester, Virginia Wal-Mart. When he went to pay for the prints, a clerk insisted on inspecting the photos. Mr. Bellotte admitted that some contained nudity and surrendered them, then made other purchases and left the store. The Wal-Mart employees charged with discarding the photos noticed one depicting male genitalia seemingly next to a child’s face. Concerned that the photograph was child pornography, the employees notified the Frederick County...
  • 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...
  • Supreme Court Term Review (Interview of Chief Justice Roberts by 4th Circuit Judge Harvie Wilkinson)

    06/28/2009 9:13:20 PM PDT · by BCrago66 · 326+ views
    C-Span Archives ^ | 6/27/9 | Chief Justice John Roberts
    Chief Justice John Roberts held a conversation with Judge Harvie Wilkinson at the Fourth Circuit's Judicial Conference in White Sulphur Springs, West Virginia. Chief Justice Roberts oversees the Fourth Circuit Court of Appeals, which covers Virginia, Maryland, West Virginia, North Carolina, and South Carolina. Topics included the decisions of the 2008-2009 term of the U.S. Supreme Court, which would conclude the next Monday, June 29, 2009.