US Court of Appeals

17 Stories

Court Upholds Texas Rules on Abortion

Restrictions have forced nearly 20 clinics to close

(Newser) - A federal appeals court today upheld Texas' tough abortion restrictions that have forced the closure of nearly 20 clinics around the state, saying the new rules don't jeopardize women's health. A panel of judges at the New Orleans-based 5th Circuit Court of Appeals overturned a lower court judge... More »

Judge: Ohio's Gay Marriage Ban Unconstitutional

While same-sex marriages are allowed to continue in Utah

(Newser) - Ohio's ban on same-sex marriage is unconstitutional, a federal judge declared today, though he did so in a very narrow ruling that will not in itself strike down the ban. Judge Timothy Black ordered only that state officials recognize gay marriages when filling out death certificates. But Black's... More »

Court: CIA Can't Say There's No Drone Program

ACLU records request alive once more.

(Newser) - The CIA can't just pretend its drone program doesn't exist to avoid releasing its records, a federal appeals court ruled today, reviving an ACLU lawsuit to obtain them. The CIA had rejected the ACLU's Freedom of Information Act request, saying it couldn't confirm or deny that... More »

Court to Indiana: You Can't Defund Planned Parenthood

State had tried to withhold Medicare funds from abortion providers

(Newser) - A federal appeals court has ruled that Indiana can't cut off funding for Planned Parenthood just because the organization provides abortions. The 7th US Circuit Court of Appeals in Chicago today upheld the core portion of a lower court order that said Indiana cannot enforce a state law that... More »

Court Overturns Stem Cell Ban

Federal funding can now be used for human embryonic cell research

(Newser) - A federal appeals court overturned the ban on federal funding for human embryonic stem cell research today in a 2-1 ruling. The US Court of Appeals for the District of Columbia Circuit ruled that such funding did not violate a 1996 law forbidding the use of federal money for research... More »

FCC to Probe Nipplegate, Again

Says CBS should have used tape delay to prevent incident

(Newser) - Five years after the nation saw a split-second of Janet Jackson’s right boob, the FCC is trying to reopen the case, Broadcasting & Cable reports. The FCC is asking the Third Circuit Appeals Court to remand the case back to the agency. The evidence “strongly suggests that CBS... More »

Federal Court Ruling Shakes Up Cable Industry

FCC limit doesn't take into account other sources of competition, court rules

(Newser) - In a decision that could revolutionize the communications industry, a federal appeals court has struck down an FCC rule prohibiting a cable TV company from serving more than 30% of the market, Reuters reports. The court declared the rule "arbitrary and capricious,” noting that cable operators face competition... More »

Court Tests Limit on Death Penalty Appeals

Constitution doesn't forbid executing the innocent: Scalia

(Newser) - The Supreme Court’s ruling that Troy Davis deserves a new hearing raises questions about how far the legal system is willing to go to make sure an executed man is actually guilty, writes David Von Drehle for Time. Under a 1996 law limiting death-penalty appeals, Davis is out of... More »

Sotomayor's Record Reveals Rigor, Little Else

Dispassionate rulings exhaustive, but show no larger vision

(Newser) - Sonia Sotomayor’s decisions “are not always a pleasure to read,” writes Adam Liptak of the New York Times, but “they are usually models of modern judicial craftsmanship.” They are exhaustive and technical, with even uncontroversial propositions justified with detailed footnotes. They also reveal strikingly little... More »

Moderate Is Obama's First Court Nominee

President to pick judge with bipartisan backing for Seventh Circuit

(Newser) - President Obama will make his first judicial appointment this week, choosing a moderate judge for the Seventh Circuit Court of Appeals in Chicago, sources tell the New York Times. The selection of David Hamilton, an Indiana judge with bipartisan support, is meant to signal the administration's effort to reduce the... More »

Court Blocks Release of 17 Gitmo Prisoners Into US

(Newser) - The fate of 17 Chinese Muslims imprisoned at Guantanamo since 2002 remains in flux after the DC Circuit Court of Appeals blocked their release to the US today. That reverses a lower court ruling that said the prisoners—members of the Uighur ethnic group who are no longer considered enemy... 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 »

Unabomber: Don't Use My Cabin in Exhibit

Kaczynski doesn't want his old home on display at Newseum

(Newser) - “Unabomber” Ted Kaczynski isn’t happy that his Montana cabin is featured in a museum exhibit about the FBI’s first 100 years. In a letter to the US Court of Appeals, Kaczynski writes that the Newseum’s display of the 10-by-12-foot cabin where he was captured flouts the... More »

Late-Term Abortion Ban Overruled in Va.

Federal appeals court strikes down law prohibiting procedure

(Newser) - A federal appeals court struck down Virginia’s ban on a late-term abortion procedure, ruling that the law burdened a woman’s right to choose, Reuters reports. Although the Supreme Court upheld a similar federal law last year, the appeals court ruled that Virginia's ban went further because it provided... More »

Court Refuses to Reinstate Mumia's Death Sentence

Pa. judges order life in prison, or new hearing

(Newser) - Famed death-row inmate Mumia Abu-Jamal earned some measure of triumph today as a US appeals court refused to reinstate his death sentence, the Philadelphia Inquirer reports. Abu-Jamal was convicted in 1982 of killing a Philly cop, and has fought for retrial. The court upheld the conviction but said Abu-Jamal should... More »

Court Lifts Ban on Sex Toys in Texas

Only three Southern states have similar laws on the books

(Newser) - Sex toys got a pardon in the Lone Star State yesterday, when a federal appeals court overturned a law banning their sale. The court ruled that the law prohibiting the possession of six or more devices used primarily for sexual stimulation violates the right to privacy. The decision cites a... More »

Federal Court Orders Military to Free Civilian

Ruling rebukes Bush administration, which plans to appeal

(Newser) - The US may not keep a civilian believed to be an enemy combatant in military custody, a federal appeals court ruled today, finding that President Bush "cannot eliminate constitutional protections with the stroke of a pen." The administration quickly announced its intention to appeal the decision that Ali... More »

17 Stories