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Keyword: ruling

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  • Appeals court: Same-sex marriage ban unconstitutional [Calif]

    02/07/2012 10:24:14 AM PST · by South40 · 86 replies
    SAN FRANCISCO – Supporters and opponents of California's ban on same-sex marriage were anxiously awaiting a federal appeals court decision Tuesday on whether the voter-approved measure violates the civil rights of gay men and lesbians. A three-judge panel of the 9th U.S. Circuit Court of Appeals that considered the question plans to issue its long-awaited opinion 18 months after a trial judge struck down the ban following the first federal trial to examine if same-sex couples have a constitutional right to get married. The 9th Circuit does not typically give notice of its forthcoming rulings, and its decision to do...
  • Court won't hear arguments demanding Kagan recusal

    01/23/2012 10:21:45 AM PST · by ColdOne · 22 replies
    Google.com ^ | 1/23/12 | AP
    WASHINGTON (AP) — The Supreme Court won't hear arguments from a conservative watchdog group that wants Justice Elena Kagan disqualified from deciding the constitutionality of President Barack Obama's national health care overhaul. Freedom Watch asked the high court for time to demand Kagan's recusal or disqualification during arguments on the Patient Protection and Affordable Care Act. The law is aimed at extending health insurance coverage to more than 30 million previously uninsured people and would, by 2019, leave just 5 percent of the population uninsured, compared with about 17 percent today, according to the Congressional Budget Office.
  • Supreme Court Rules that Warrants Needed for GPS Tracking (Scalia writes 4th amendment ruling!)

    01/23/2012 9:47:35 AM PST · by Recovering_Democrat · 99 replies
    DCist ^ | 1/23/12 | Martin Austermuhl
    In a case that stemmed from an investigation by D.C. police and the FBI of a local drug dealer, the U.S. Supreme Court ruled unanimously today that police across the country need a warrant if they want to track suspects using GPS monitors. In the ruling, which was written by Justice Antonin Scalia, the court found that even though the case involved a GPS unit that was attached to a car that was out in the open, it still constituted a "search" under the language of the Fourth Amendment: It is important to be clear about what occurred in this...
  • Va. Appeals Court Rules Against Perry and Gingrich’s Attempt to Get on Ballot

    01/17/2012 3:31:51 PM PST · by Quicksilver · 85 replies
    ABC News ^ | Jan 17, 2012 5:16pm | Ariane de Vogue
    A federal appeals court in Virginia today denied an emergency request by Republican presidential hopefuls Rick Perry and Newt Gingrich to be placed on the ballot for the Virginia primary. After failing to get the required 10,000 signatures necessary to be placed on the ballot, the two candidates argued that Virginia’s strict ballot law was unconstitutional. A three-judge panel of the U.S. Court of Appeals for the Fourth Circuit agreed with a lower court and ruled today that the candidates had waited too long to file their suit. The court ruled unanimously that Perry and the other candidates “had every...
  • Supreme Court delivers a knockout punch to the White House

    01/13/2012 9:07:20 AM PST · by Veritas_et_libertas · 13 replies
    Fox News ^ | January 11, 2012 | Peter Johnson Jr.
    Wednesday the United States Supreme Court delivered a knockout blow to the White House in the cause of religious liberty. Chief Justice John Roberts, writing for a unanimous court swatted away the government’s claim that the Lutheran Church did not have the right to fire a “minister of religion” who, after six years of Lutheran religious training had been commissioned as a minister, upon election by her congregation. The fired minister -- who also taught secular subjects -- claimed discrimination in employment. The Obama administration, always looking for opportunities to undermine the bedrock of First Amendment religious liberty, eagerly agreed....
  • 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...
  • U.S. District Court in Virginia Expedites Rick Perry’s Ballot Access Lawsuit

    12/29/2011 11:59:17 AM PST · by smoothsailing · 105 replies
    Ballot Access News ^ | 12-29-2011 | Richard Winger
    U.S. District Court in Virginia Expedites Rick Perry’s Ballot Access Lawsuit Richard Winger December 29th, 2011 U.S. District Court Judge John A. Gibney of Virginia has set a hearing in Rick Perry’s presidential primary ballot access lawsuit. He will consider Perry’s request for injunctive relief on January 13. In the meantime, he has established a briefing schedule, and also has instructed attorneys for Perry to communicate with all other Republican presidential primary candidates who had filed a declaration of candidacy, to explain to them how they may intervene in the lawsuit. This shows foresight and thoughtfulness on the part of...
  • Surplus of pessimism may cost Spain’s ruling Socialists at polls

    11/18/2011 11:21:20 AM PST · by iowamark · 10 replies
    The Washington Times ^ | November 18, 2011 | Mike Elkin
    Spanish voters on Sunday are expected to dismiss the Socialist government of Prime Minister Jose Luis Rodriguez Zapatero and usher in the conservative People's Party (PP) and its leader, Mariano Rajoy. Mr. Zapatero’s Socialist party (PSOE), which has been in power for eight years, has borne the brunt of public blame for Spain’s increasingly perilous economic situation, which has tainted the party’s leadership candidate, Interior Minister Alfredo Perez Rubalcaba. Meanwhile, Mr. Rajoy has been coasting toward an expected landslide victory without saying much about how he plans to reverse Spain’s economic course... The situation is bleak for the eurozone’s fourth-largest...
  • Judge blocks rules on graphic cigarette labels

    11/07/2011 9:46:16 AM PST · by markomalley · 14 replies
    Reuters/Yahoo ^ | 11/7/11
    A U.S. judge sided with tobacco companies on Monday, granting a temporary injunction blocking rules requiring new warning labels that use graphic images like a man exhaling cigarette smoke through a hole in his throat.
  • Ohio Supreme Court Oral Arguments In Smoking Ban Challenge streaming live

    10/19/2011 6:59:56 AM PDT · by Pontiac · 141 replies
    Ohio Channel ^ | 10/19/11 | OSSC
    Ohio Supreme Court Oral Arguments In Smoking Ban Challenge streaming live
  • Sunken treasure awarded to Spain

    09/26/2011 12:23:37 PM PDT · by Miami Vice · 67 replies
    Legal News Line ^ | 9-26-11 | Michael P. Tremoglie
    A sunken treasure worth about $500 million was discovered by an American company has been awarded to Spain by a three-judge panel of the U.S. Court of Appeals for the 11th Circuit. The treasure-laden Spanish ship was located off the coast of Gibraltar in 2007. It had been sunk during a naval battle with the British navy in 1804. Several parties made claim to the treasure. The company that made the recovery, Odyssey Marine Exploration Inc., the governments of Spain and Peru, and 25 individuals who were descendants of the sailors on the ship. The federal district court, which heard...
  • Saudi Arabia gives women the vote... but not until 2015

    09/25/2011 6:57:49 PM PDT · by Niuhuru · 10 replies
    Daily Mail ^ | 8:25 PM on 25th September 2011 | By Mail Foreign Service
    Women are to be allowed to vote in Saudi Arabia. K ing Abdullah bin Abdulaziz announced the change yesterday and also said women would be allowed to run in elections. However, the new law will not come into force until 2015. In a speech, the king said the move was in accordance with sharia law.
  • Judge stops Missouri Facebook Law

    08/26/2011 9:54:37 AM PDT · by fungoking · 23 replies
    Missouri Net ^ | 08/26/2011 | Stephanie Backus
    Lawyers for the Missouri State Teachers Association say they have a signed injunction from Cole County Circuit Judge Jon Beetem stopping the Facebook law from going into effect. The MSTA says they received the injunction just after 10 a.m. Friday. In the ruling, Judge Beetem said that based on evidence, teachers in Missouri use social media as a primary form of communication. He also said the law "clearly prohibits communication between family members and their teacher parents using these types of sites. The Court finds that the statute would have a chilling effect on speech." The injunction lasts for 180...
  • Verizon wins injunction against striking workers after reports of vandalism...

    08/15/2011 12:12:44 PM PDT · by Hunton Peck · 61 replies
    Toms River News ^ | Aug 15 2011 | Toms River, NJ [srsly!]
    No vandalism. No violence. No Harassment. No Obstruction. No intimidating. No threatening. No Blocking. No Trespassing. Those were just a few of the restrictions placed on members of the local 827 IBEW bargaining unit, their dependents, minors, households and relatives in an injunction signed by NJ Superior Court Justice Mary Beth Rogers last week. Rogers also set restrictions on picketing, allowing no more than six picketers at the entrance to any Verizon owned property at any one time. Picketers were also advise that no more than two picketers may picket a private residence of a Verizon employee and must stay...
  • ACLJ Calls 11th Circuit Decision "Critical Step Forward in Undoing ObamaCare"

    08/12/2011 1:15:33 PM PDT · by neverdem · 21 replies
    PRNewswire-USNewswire ^ | Aug. 12, 2011 | NA
    ACLJ Calls 11th Circuit Decision "Critical Step Forward in Undoing ObamaCare" WASHINGTON, Aug. 12, 2011 /PRNewswire-USNewswire/ -- The American Center for Law and Justice (ACLJ), which is actively challenging ObamaCare, said today's decision by the 11th Circuit Court of Appeals declaring the individual mandate of ObamaCare unconstitutional represents a "critical step forward in undoing ObamaCare.""The appeals court got it right and the decision represents a critical step forward in undoing ObamaCare," said Jay Sekulow, Chief Counsel of the ACLJ, which is involved in litigation challenging ObamaCare. "The individual mandate, which forces Americans to purchase health insurance, exceeds the authority...
  • Appeals court rules against Obama healthcare law

    08/12/2011 10:43:48 AM PDT · by americanophile · 184 replies
    Reuters ^ | Jeremy Pelofsky and James Vicini
    (Reuters) - An appeals court ruled on Friday that President Barack Obama's healthcare law requiring Americans to buy healthcare insurance or face a penalty was unconstitutional, a blow to the White House. The Appeals Court for the 11th Circuit, based in Atlanta, found that Congress exceeded its authority by requiring Americans to buy coverage, but also ruled that the rest of the wide-ranging law could remain in effect. The legality of the so-called individual mandate, a cornerstone of the healthcare law, is widely expected to be decided by the U.S. Supreme Court. The Obama administration has defended the provision as...
  • 9th Circuit: University Can Force Christian Groups Open to Non-Christians.

    08/06/2011 6:26:09 AM PDT · by ZGuy · 35 replies
    Christianity Today ^ | 8/5/11 | Morgan Feddes
    A federal appeals court ruling this week could significantly diminish public university religious groups' ability to restrict membership and leadership to students who agree with their teachings. The 9th Circuit Court of Appeals ruled Tuesday that San Diego State University's nondiscrimination policy for officially recognized campus groups is constitutional. The policy is based on a nondiscrimination policy used at all the schools in the California State University system. Two Christian groups sued SDSU in 2005, alleging the policy violated their free-speech and religious-freedom rights. For the groups to be recognized as official campus groups, they were required to allow all...
  • Kansas Ordered to Resume Abortion Clinic Funding (Federal Judge to the rescue of Planned Parenthood)

    08/02/2011 3:44:36 AM PDT · by Colonel Kangaroo · 18 replies
    CBN News ^ | August 2, 2011 | CBN News
    A federal judge has temporarily blocked a new Kansas law that would have stripped Planned Parenthood locations in the state of federal funding. U.S. District Judge J. Thomas Marten ordered the state to immediately resume funding for Planned Parenthood Monday, agreeing that without the injunction the abortion provider would suffer while the case works its way through court. Kansas Planned Parenthood leaders claimed the law would force them to close clinics. They also said nearly 6,000 patients would face higher costs, have less access to services, and longer waits or travel times for appointments. The state argued that public health...
  • Texas executes Mexican after court stay rejected

    07/07/2011 5:05:55 PM PDT · by Kartographer · 313 replies
    AP/YahooNews ^ | 7/7/11 | MICHAEL GRACZYK
    A Mexican national was executed Thursday for the rape-slaying of a teenager after the U.S. Supreme Court turned down a White House-supported appeal to spare him in a death penalty case where Texas justice triumphed over international treaty concerns. Humberto Leal, 38, received lethal injection for the 1994 murder of Adria Sauceda. She was fatally bludgeoned with a piece of asphalt. Leal was pronounced dead at 6:21 p.m. EDT (2221 GMT).
  • In reversal, federal court orders immediate end to ‘don’t ask, don’t tell’ policy(9th U.S. Circuit)

    07/06/2011 1:10:04 PM PDT · by fwdude · 40 replies
    The Washington Post ^ | 07/06/11 | Associated Press
    By Associated Press, Updated: Wednesday, July 6, 2:34 PM SAN FRANCISCO — A federal appeals court has barred further enforcement of the U.S. military’s ban on openly gay service members. A three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco said Wednesday the “don’t ask, don’t tell” policy must be immediately lifted now that the Obama administration says it’s unconstitutional to treat gay Americans differently under the law.