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Keyword: upholds

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  • Court upholds EPA's greenhouse gas rules

    06/26/2012 12:04:07 PM PDT · by NormsRevenge · 25 replies
    Reuters on Yahoo ^ | 6/26/12 | Ayesha Rascoe - Reuters
    WASHINGTON (Reuters) - A U.S. appeals court on Tuesday upheld the first-ever U.S. proposed rules governing heat-trapping greenhouse gases, clearing a path for sweeping regulations affecting vehicles, coal-burning power plants and other industrial facilities. Handing a setback to industry and a victory to the Obama administration, the U.S. Court of Appeals for the District of Columbia unanimously ruled the Environmental Protection Agency's finding that carbon dioxide is a public danger and the decision to set limits for emissions from cars and light trucks were "neither arbitrary nor capricious." The ruling, which addresses four separate lawsuits, upholds the underpinnings of the...
  • Obama one step closer to his goal of forcing state secession

    06/29/2011 9:03:02 PM PDT · by publius321 · 11 replies
    "...This man who was raised by leftists in a disfunctional family, despising every principle upon which this great nation was founded is like a culmination of all our national sins, embodied in one very real individual. He has a plan for America and it makes fictional stories like The Manchurian read like Disney..." (continued)
  • Obama one step closer to his goal of forcing state secession

    06/29/2011 9:02:50 PM PDT · by publius321 · 8 replies
    "...This man who was raised by leftists in a disfunctional family, despising every principle upon which this great nation was founded is like a culmination of all our national sins, embodied in one very real individual. He has a plan for America and it makes fictional stories like The Manchurian read like Disney..." (continued)
  • State high court upholds dismissal of 18 criminal cases in Riverside County because of judges

    10/25/2010 5:54:02 PM PDT · by Nachum · 8 replies · 1+ views
    Los Angeles Times ^ | 10/25/10 | Maura Dolan
    California's budget crisis has proved a boon for some defendants. In a unanimous ruling, the California Supreme Court on Monday upheld the dismissal of 18 criminal cases, two of them felonies, in Riverside County because there were not enough judges to hear them. The court blamed the problem on the state's failure to hire more judges. Chief Justice Ronald M. George, writing for the court, said Riverside County's "congested criminal caseload represented a chronic" problem. "The lack of available courtrooms and judges was attributable to the Legislature's failure to provide a number of judges and courtrooms sufficient to meet
  • Federal judge upholds key provisions of health care law

    10/07/2010 5:28:49 PM PDT · by Nachum · 12 replies
    wzzm13 ^ | 10/7/10 | Jessica Puchala
    A federal judge in Detroit today upheld key provisions of President Barack Obama’s landmark health reform law. In a 20-page decision, U.S. District Judge George Steeh refused to issue an injunction to halt preparations for putting federal health reforms into full effect in 2014, a law known as the Affordable Care Act passed by Congress in March.
  • 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...
  • California Supreme Court upholds gay marriage ban (lets 18,000 gay "marriages" stand)

    05/26/2009 10:10:45 AM PDT · by NormsRevenge · 71 replies · 2,548+ views
    AP on Yahoo ^ | 5/26/09 | Lisa Leff - ap
    SAN FRANCISCO – The state Supreme Court has upheld a voter-approved ban on same-sex marriage, but also decided that the estimated 18,000 gay couples who tied the knot before the law took effect will stay wed. The decision Tuesday rejected an argument from gay rights activists that the ban revised the California constitution's equal protection clause to such a dramatic degree that it first needed the Legislature's approval.
  • Russian court upholds rabbi's expulsion

    02/26/2009 3:44:47 PM PST · by Nachum · 1 replies · 458+ views
    Jerusalem Post ^ | 2/26/09 | staff
    A Russian court on Wednesday upheld the deportation of Chabad's Rabbi Yisroel Silberstein, Rabbi of the Primorye region in Russia's far east. According to the Vladivostok District Court's initial ruling on February 12, Silberstein, an American working in Russia for the last two years, listed "cultural activities," in his visa application, inconsistent with the religious work he was actually carrying out. According to the Federal Migration Service, Silberstein should have listed "religious activities." Silberstein told Lubavitch.com that he would be flying to New York on Wednesday night. In a statement, director of the Federation of Jewish Communities in Russia, Alexander...
  • Ohio Federal Court Upholds Early Voting in Ohio County

    09/29/2008 1:05:09 PM PDT · by Obamalujah · 2 replies · 249+ views
    Right Werds, Korrekt Speech ^ | 09/29/2008 | Bear Nichols
    There is a controversy concerning absentee ballots brewing in Ohio. According to the Columbus Dispatch, Republican lawmakers are concerned that Ohio Secretary of State, Jennifer Brunner, has instructed voters to break Ohio law, which states that voters must be registered for 30 days prior to casting a vote to be considered a qualified elector. GOP officials claim that allowing Ohioans to register and cast an absentee ballot on the same day violates the law. However, Brunner claims that what controls under current law is when the ballots are counted, not when they are cast. She released a statement addressing the...
  • Judge upholds bribery charges against Jefferson

    05/28/2008 7:25:56 PM PDT · by NormsRevenge · 19 replies · 277+ views
    The Hill ^ | 5/28/08 | Susan Crabtree
    A federal judge has refused to dismiss bribery charges against Rep. William Jefferson (D-La.). Jefferson is accused of orchestrating a complicated, and multi-layered scheme to receive bribes from companies seeking business in Western Africa. Proving bribery against a lawmaker is difficult because prosecutors must show that the defendant provided an “official act” such as a voting a certain way or sponsoring legislation in return for money or items he received. His lawyers argued that Jefferson didn’t do anything in his capacity as a congressman that could be considered a bribe. U.S. District Court Judge T.S. Ellis III turned that legal...
  • Supreme Court upholds use of lethal injections (7-2 vote in a Kentucky case)

    04/16/2008 10:45:11 AM PDT · by NormsRevenge · 21 replies · 148+ views
    AP on Yahoo ^ | 4/16/08 | Mark Sherman - ap
    WASHINGTON - The Supreme Court upheld the most common method of lethal injections executions Wednesday, clearing the way for states to resume executions that have been on hold for nearly 7 months. The justices, by a 7-2 vote, turned back a constitutional challenge to the procedures in place in Kentucky, which uses three drugs to sedate, paralyze and kill inmates. Similar methods are used by roughly three dozen states. The governor of Virginia lifted his state's moratorium on executions two hours after the high court issued its ruling. "We ... agree that petitioners have not carried their burden of showing...
  • CA: Court upholds death sentence of man convicted of hacking deaths (Kevin Cooper)

    12/04/2007 3:30:22 PM PST · by NormsRevenge · 9 replies · 197+ views
    ap on San Diego Union - Tribune ^ | 12/4/07 | Kim Curtis - ap
    SAN FRANCISCO – A federal appeals court on Tuesday upheld the death sentence for convicted murderer Kevin Cooper, whose 2004 execution was stayed just hours before he was to die by lethal injection. The planned execution was halted after the 9th U.S. District Court of Appeals reopened the case so two DNA tests on a blond hair and a bloody shirt found at the murder scene could be done. DNA testing wasn't available in 1984. Cooper, who has long maintained his innocence, was convicted of the murders of Douglas and Peggy Ryen, both 41, their 10-year-old daughter, Jessica, and Christopher...
  • Calif. Supreme Court upholds S.J. man's death sentence

    08/17/2006 4:51:48 PM PDT · by NormsRevenge · 12 replies · 410+ views
    Mercury News ^ | 8/17/06
    The California Supreme Court today upheld the death sentence of a San Jose man convicted in 1989 after two trials on charges he killed a witness against him in a robbery case. Fermin Ledesma was originally convicted of first-degree murder and sentenced to death in 1980, in a case prosecuted by current Santa Clara County District Attorney George Kennedy, for the 1978 murder of Gabriel Flores, a gas station attendant Ledesma robbed and later killed after Flores identified him to police. That conviction was overturned in 1987 after the California Supreme Court ruled that he had received ineffective assistance from...
  • CA: Judge upholds convictions against Lodi man in federal terror case

    06/19/2006 7:53:05 PM PDT · by NormsRevenge · 3 replies · 291+ views
    AP on Bakersfield Californian ^ | 6/19/06 | Don Thompson - ap
    A federal judge on Monday rejected a request to dismiss some of the counts against a Lodi man convicted of supporting terrorists, leaving in place the possible maximum prison sentence of 39 years. Hamid Hayat, 23, was convicted in April of one count of providing material support to terrorists by attending an al-Qaida training camp in Pakistan and three counts of lying about it to FBI agents. His attorney, Wazhma Mojaddidi, argued that federal prosecutors were piling on potential prison time by charging three versions of the same lying offense. Each count brings up to eight years in federal prison,...
  • French court upholds Soros' conviction (Fights insider trading conviction nearly 20 years ago)

    06/14/2006 9:22:41 AM PDT · by NormsRevenge · 37 replies · 1,185+ views
    AP on Yahoo ^ | 6/14/06 | Angela Domand - ap
    PARIS - France's highest court upheld George Soros' conviction for insider trading Wednesday in a case dating back nearly 20 years, and the billionaire investor vowed to fight the ruling at the European Court of Human Rights. The Court of Cassation upheld the 75-year-old American financier's conviction for buying and selling Societe Generale shares in 1988 after receiving information about a planned corporate raid on the bank. Apart from this case, Soros' record is unblemished after five decades in finance. Lawyer Ron Soffer said Soros planned to take the case to the European Court of Human Rights, saying that the...
  • 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...
  • Israeli High Court Upholds Unification Law

    05/14/2006 12:15:48 PM PDT · by NormsRevenge · 8 replies · 278+ views
    AP on Yahoo ^ | 5/14/06 | Aron Heller - ap
    JERUSALEM - Israel's high court Sunday narrowly upheld a controversial law that restricts the right of Palestinians to live in Israel with their Arab Israeli spouses and children. The law, imposed in 2002 at the height of Israeli-Palestinian fighting, is believed to have kept hundreds, and possibly thousands, of West Bank and Gaza Palestinians from moving to Israel to live with their families. The law states that only Palestinian women over the age of 25 and men over 35 are eligible to join their families in Israel and eventually receive citizenship. A panel judges voted 6-5 against a petition to...
  • 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...
  • 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...
  • CA: Federal judge in Calif upholds U.S. gay marriage ban

    06/16/2005 4:12:52 PM PDT · by NormsRevenge · 29 replies · 2,069+ views
    Bakersfield Californian ^ | 6/16/05 | Lisa Leff - AP
    SAN FRANCISCO (AP) - Deciding one of the few lawsuits arguing the case for gay marriage in federal court, a California judge on Thursday ruled that a 1996 law recognizing only unions between a man and a woman as valid does not violate the U.S. Constitution. But U.S. District Judge Gary Taylor also declined to rule on whether a state ban on same-sex marriage violates the civil rights of a gay Southern California couple while a separate legal challenge to California's laws works its way through the state courts. "The question of the constitutionality of California's statutory prohibition on same-sex...
  • Kentucky judge upholds same-sex amendment

    05/26/2005 10:18:51 PM PDT · by NormsRevenge · 12 replies · 928+ views
    FRANKFORT, Ky. (AP) - A judge on Thursday upheld the state's constitutional amendment banning same-sex marriages, saying it was properly presented to voters last fall. As required by the state constitution, the amendment dealt with a single subject and properly informed voters of what it meant, Franklin County Circuit Judge Roger Crittenden wrote. Opponents seeking to invalidate the amendment claimed it would reach much farther than a simple ban on same-sex marriages. They maintained domestic partnerships and other agreements between straight and gay couples could also be at risk. Kentucky was one of 11 states that changed their constitutions last...
  • Conn. court upholds ban on GPS speed fines

    04/04/2005 7:32:59 PM PDT · by NormsRevenge · 22 replies · 1,049+ views
    HARTFORD, Conn. (AP) - The state Supreme Court on Monday upheld Connecticut's ban on a car rental company's use of a global positioning satellite system to track customers and fine them $150 for speeding. The unanimous ruling rejected an appeal by American Car Rental, which operates Acme Rent-A-Car. Acme said the fines were to make up for wear and tear on cars driven at excessive speeds. However, a consumer protection hearing officer determined such costs at about 37 cents per vehicle for each infraction. According to the state's Consumer Protection Department, Acme failed to warn customers of the fines they...
  • CA: State appeals court upholds domestic partner law

    04/04/2005 3:45:33 PM PDT · by NormsRevenge · 5 replies · 410+ views
    San Diego Union -Tribune ^ | 4/4/05 | Jennifer Coleman - AP
    SACRAMENTO – California's domestic partner law, which gives registered partners many of the same rights and protections of marriage, does not conflict with a voter-approved initiative that defined marriage as between a man and a woman, a state appeals court held Monday. The law, which was signed in 2003 by former Gov. Gray Davis and went into effect Jan. 1, represents the nation's most sweeping recognition of domestic partner rights after Vermont's recognition of civil unions for gay couples. It grants registered couples virtually every spousal right available under state law except the ability to file joint income taxes. The...
  • CA: Appeals court upholds reducing commercial wilderness tours

    08/25/2004 6:30:59 PM PDT · by NormsRevenge · 11 replies · 338+ views
    Bakersfield Californian ^ | 8/25/04 | AP - San Francisco
    SAN FRANCISCO (AP) - A federal appeals court on Wednesday upheld a lower court's order that reduced the number of commercial wilderness tours in the Sierra Nevada. At issue are so-called "packstock" operations, for-profit companies that carry campers and sightseers deep into the wilderness using horses. The High Sierra Hikers Association and the Forest Service Employees for Environmental Ethics - consisting of current and former rangers and other forest workers - sued the U.S Forest Service, charging it failed to study the cumulative environmental affects of 17 companies the agency permitted to trek thousands of visitors through the forest. A...
  • Judge upholds "free speech zone" at Democratic convention but O-K's march

    07/22/2004 7:14:33 PM PDT · by Libloather · 5 replies · 906+ views
    KHNL.com ^ | 7/22/04
    Judge upholds "free speech zone" at Democratic convention but O-K's march BOSTON A federal judge has called a fenced-in "protest zone" at the upcoming Democratic National Convention "an affront to free expression" -- but rejected an effort to block its use. Judge Douglas Woodlock also agreed with protesters' lawyers that the area, more than a block away from the convention site, looked worse than a concentration camp, with razor wire on a chain-link fence, and overhead netting. But Woodlock indicated he had Secret Service information about possible protest tactics that made the site necessary, especially in a time of terrorism....
  • Judge upholds LP challenge to West Virginia election law

    12/27/2003 2:00:23 PM PST · by freepatriot32 · 5 replies · 249+ views
    lp.org ^ | 12 27 03 | lp.org
    West Virginia Libertarians received an early Christmas present when a federal judge in Clarksburg struck down a confusing state law that made it more difficult to convince voters to sign ballot-access petitions. On December 23, U.S. District Court Judge Irene Keeley ordered the secretary of state's office to stop enforcing a law that made it illegal for state residents who sign a third-party candidate's petition to vote in the state's next primary election. In 1999, the state legislature had dropped the legal penalties for signing such a petition and then voting in a primary -- but kept the language that...
  • Federal court upholds tribal gaming law

    12/23/2003 10:25:38 AM PST · by NormsRevenge · 2 replies · 187+ views
    OC Register ^ | 12/23/03 | Don Thompson - AP
    <p>SACRAMENTO – A federal appeals court upheld California's tribal gambling law Monday, ruling that it violates no federal law even though it gives tribes special privileges to operate casinos.</p> <p>The 9th U.S. Circuit Court of Appeals in San Francisco upheld the July 2002 decision by Sacramento U.S. District Judge David F. Levi, who ruled against four Bay area card clubs trying to stop the state's first urban casino in San Pablo.</p>
  • Court upholds firing of teacher who was NAMBLA member

    07/20/2003 10:12:51 AM PDT · by freepatriot32 · 40 replies · 2,080+ views
    freedomforum ^ | 7.19.03 | associated press
    NEW YORK — A federal appeals court has ruled that New York City was justified in dismissing a high school teacher who was found to be a member of the North American Man/Boy Love Association. The former teacher, Peter Melzer, had the constitutional freedom-of-association right to be a member of the organization, but his membership caused sufficient disruption to the school to warrant the firing, the 2nd Circuit U.S. Court of Appeals found. Melzer, who had been a science teacher at the Bronx High School of Science for more than 25 years, was dismissed in 2000 by the Board of...
  • Judge upholds Augusta protest law, promises later ruling on Burk permit

    04/07/2003 4:51:35 PM PDT · by NormsRevenge · 2 replies · 246+ views
    Yahoo! Sports ^ | 4/7/03 | Paul Newberry - AP
    Judge upholds Augusta protest law, promises later ruling on Burk permit By PAUL NEWBERRY, AP Sports Writer April 7, 2003 AUGUSTA, Ga. (AP) -- A federal judge upheld a law that allows the sheriff to regulate protests like the one planned by Martha Burk at Augusta National Golf Club. Monday's ruling was only a partial victory for city officials, however. U.S. District Judge Dudley H. Bowen Jr. hasn't decided if Sheriff Ronald Strength violated his discretion by denying Burk the right to protest at the front gates of the exclusive club, where the Masters begins Thursday. Burk is planning...