US Appeals court

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Court: Carrying Concealed Weapons Is Not a Right

Ruling allows California to seek 'good cause' for permits

(Newser) - Dealing a blow to gun supporters, a federal appeals court ruled Thursday that Americans do not have a constitutional right to carry concealed weapons in public. In a dispute that could ultimately wind up before the Supreme Court, a divided 9th US Circuit Court of Appeals said local law enforcement... More »

Jared Fogle's 15-Year Sentence Declared 'Reasonable'

Judges uphold above-guidelines sentence

(Newser) - A federal appeals court rejected former Subway pitchman Jared Fogle's appeal of his sentence of more than 15 years in prison Thursday for child pornography offenses and illicit sexual conduct with a child, the AP reports. A three-judge panel of the 7th US Circuit Court of Appeals affirmed the... More »

Court Disagrees With Nevada's 'One Good Eye' Prison Policy

Convicted killer John Colwell's lawsuit will move forward

(Newser) - Sure, having two eyes is nice, but "one eye is good enough for prison inmates." That was the policy apparently in play when the state of Nevada denied a partially blind prisoner cataract surgery—but such a policy is also "the very definition of deliberate indifference,"... More »

Dueling Courts Gut, Uphold ObamaCare Subsidies

One appeals court issues 'crippling blow' as another helps it hours later

(Newser) - It's a seesaw day for ObamaCare: One federal appeals court delivered what was seen as potentially devastating news to the health care law today, but hours later a second appeals court came to the opposite conclusion. Both decisions revolve around subsidies for people who signed up for ObamaCare on... More »

2 More Courts Find Gay Marriage Bans Unconstitutional

Same-sex marriage's post-DOMA winning streak continues

(Newser) - Same-sex marriage continued its remarkable legal winning streak today, as a federal appeals court affirmed that Utah's ban was unconstitutional, and a separate court said the same of Indiana's ban. The Utah decision is the first such ruling from a federal appeals court, according to the AP . "... More »

Court Halts Gay Marriages in Michigan

Appeals court wants more time to look over the case

(Newser) - A federal appeals court issued an order today preventing more same-sex couples from getting married in Michigan for at least several more days. The 6th US Circuit Court of Appeals in Cincinnati said it issued the stay because it needed more time to consider the state's appeal of a... More »

NY Appeals Court: DOMA Is Unconstitutional

Second court to dump ban on gay marriage as issue heads toward Supreme Court

(Newser) - A federal appeals court in Manhattan has become the second in the US to strike down the Defense of Marriage Act as unconstitutional. The 2nd US Circuit Court of Appeals issued its ruling today. The decision upholds a lower court judge who ruled that the 1996 law that defines marriage... More »

Court Clears Army Corps of Liability for Katrina

Because the government can't be sued

(Newser) - The Army Corps of Engineers can't be held responsible for the devastation New Orleans suffered during Hurricane Katrina, a federal appeals court ruled today, overturning a lower court decision that could have left the government open to a host of lawsuits, CNN reports. The appeals court cited the "... More »

Obama Way Behind Bush, Clinton on Picking Judges

His federal court picks have generally been more moderate, too: NYT

(Newser) - In a deliberate strategy designed to save political capital, President Obama has nominated dozens fewer federal judges than either George W. Bush or Bill Clinton did in their first terms, potentially greatly reducing his long-term judicial impact on the United States, reports the New York Times . So far, Obama has... More »

Birthers Can't Sue Obama: US Court

Federal appeals panel upholds dismissal of lawsuit

(Newser) - Sorry, birthers: You've got no right to sue the president, a US court of appeals says. Dozens of birthers tried to bring President Obama to court over claims he wasn't born in the US, but their complaint contains no grievance that the court has the power to remedy,... More »

Appeals Court: Health Reform Constitutional

White House chalks up third US appeals court victory

(Newser) - A third federal appeals court has declared President Obama’s health law to be constitutional. The influential District of Columbia court says Congress’s powers over interstate commerce give it the means to require individuals to buy health care or face a financial penalty. “The right to be free... More »

Court Declares Terrorist's 17-Year Sentence Too Short

Alleged 'dirty bomb' maker's sentence 'a clear error'

(Newser) - A federal appeals court voted 2-1 today to throw out the 17-year sentence handed to alleged “dirty bomber” Jose Padilla, saying that it was too low given his criminal history and the threat he poses. “Padilla’s sentence of 12 years below the low end of the Guidelines... More »

Appeals Court Upholds Health Care Reform

Federal panel says Obama legislation is constitutional

(Newser) - President Obama's health care reform scored a legal win today: A federal appeals court in Cincinnati ruled that requiring people to obtain insurance or pay a penalty does not violate the Constitution, reports CNN . "We find that the minimum coverage provision is a valid exercise of legislative power... More »

Appeals Court Temporarily Allows Stem Cell Funding

It will continue as case proceeds

(Newser) - A federal appeals court today permitted US government funding of stem cell research to proceed for now, while it considers a judge's ruling that had temporarily shut off the funds. The government is asking the appeals court in Washington to strike down a preliminary order by US District Judge Royce... More »

Obama Blasted for Letting GOP Hold Up Judges

Nominees locked in committee as vacancies build up

(Newser) - At this point in their first terms, Bill Clinton had had nine federal judges confirmed and George W Bush eight—but Barack Obama has got only three judges through, despite sending 23 names to the Democratic-controlled Senate. Part of the problem is Republican obstructionists who've threatened filibusters and used parliamentary... More »

Animal Cruelty Case Hits Supreme Court

Landmark case to decide 1st Amendment as it applies to cruelty

(Newser) - Animal cruelty takes the floor of the Supreme Court tomorrow, as the justices consider whether to overturn an appeals court judgment that allows the depiction of animal cruelty under the auspices of the First Amendment. The lower court wasn’t keen on animal cruelty, but found that our furry friends—... More »

Failed Execution Cited in Stay for Another Man

Judge: halted lethal injection raises issues about Ohio protocol

(Newser) - A federal appeals court today halted the execution of an Ohio inmate three weeks after problems with a lethal injection foiled another man's execution. The 6th US Circuit Court of Appeals ruled 2-1 to grant a stay to 43-year-old Lawrence Reynolds Jr., who had been sentenced to die for strangling... More »

Court Rescinds Cap on Political Spending by Nonprofits

Emily's List wins ruling on 'soft money'

(Newser) - A federal appeals court today rescinded FEC limits on “soft money,” the Washington Post reports. The federal regulations had required that funds used by a nonprofit to influence a federal election be drawn from “hard money” accounts—individual contributions of “hard money” are capped at $5,... More »

Court Ruling Scuttles Del. Sports Gambling Plans

Grandfather clause doesn't apply to single-game expansion: judges

(Newser) - A federal court quashed Delaware’s bid to legalize single-game sports betting today, ruling that the gambling expansion violated a 1992 federal law, the News Journal of Wilmington reports. State lawyers had argued Delaware was exempt from the Professional and Amateur Sports Protection Act under a grandfather clause, but a... More »

Court OKs Chrysler Sale to Fiat, Starting Monday

(Newser) - A federal appeals court today approved the sale of Chrysler to Italian automaker Fiat over objections from debt holders in Indiana, the Wall Street Journal reports. The court put the sale on hold until Monday afternoon, or until the Supreme Court issues a stay—which Indiana investors say they will... More »

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