US Appeals court

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Court Strikes Florida's 'Docs vs. Glocks' Law

Doctors can now ask patients about guns

(Newser) - Doctors in Florida are now free to ask patients about guns in their home despite protests from the National Rifle Association. A federal appeals court struck down a provision of the so-called "Docs vs. Glocks" law barring doctors from asking patients about gun ownership unless the information is medically... More »

3 Judges to Decide Fate of Travel Ban Over the Phone

DOJ urges 9th Circuit to restore 'lawful' order

(Newser) - Three judges will decide the future of President Trump's travel ban on Tuesday—and the Justice Department has urged them to restore it as soon as possible. A federal appeals court will hear around 30 minutes of arguments from each side in a hearing scheduled for 6pm EST, NPR... 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 »

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 »

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 »

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 »

Demjanjuk Can Be Deported: Appeals Court

(Newser) - A federal appeals court today ruled that alleged Nazi guard John Demjanjuk can be deported to Germany to stand trial, the Cleveland Plain Dealer reports. Demjanjuk’s family had argued that the 89-year-old’s poor health would make the flight tantamount to torture, resulting in a stay last month. An... More »

Madoff Lawyer, DA Lock Horns on Bail

(Newser) - Bernard Madoff’s lawyer argued today that the financier, who has pleaded guilty to a $65 billion Ponzi scheme, should be free on bail until June sentencing, the New York Times reports. Ira Sorkin cited past precedent in similar cases, but the prosecution said Madoff has incentive to flee—and... More »

Supreme Court May Have Too Many Judges

Is the High Court Too 'Judgey'?

(Newser) - Chief Justice John Roberts recently praised the present makeup of the Supreme Court, which, for the first time in history, consists only of former federal appeals judges. The move towards a Court dominated by those with judicial experience has been afoot since the 1950s, writes Adam Liptak in the New ... More »

Obama Influence Will Be Felt in Lower Courts

Supreme Court is likely set, but underlings decide more cases

(Newser) - Barack Obama isn’t likely to name a Supreme Court justice anytime soon, but he will be shifting the federal judicial balance almost immediately, the Washington Post reports. Democrats currently hold just 36% of appeals court judgeships, but that should jump to 58% by the end of Obama’s first... More »

In 8 Years, Bush Revolutionized Appeals Courts

Below the high court, conservative judges for decades to come

(Newser) - George W. Bush's two appointments tilted the Supreme Court to the right—but it's at the appellate level where his judicial legacy is greatest. The president has appointed fully a third of all appeals court judges, and Republican appointees now control 10 of the 13 circuits. The result, writes the... More »

Appeals Court Halts Release of 17 at Gitmo

Goverment seeks to reverse decision to free Chinese Muslims

(Newser) - An appeals court has blocked the release of 17 Chinese Muslim detainees at Guantanamo Bay after the Bush administration filed an emergency motion. A lower court had ruled that the men, members of the Uighur minority who have been imprisoned for 7 years, must be released. That decision also said... More »

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